Ferguson v. Evening Chronicle Publishing Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Sellen P. Spencer, Judge. The petition does not state facts sufficient to constitute a cause of action. R. S. 1889, see. 3869; Callahan v. Ingram, 122 Mo. 365. The jury having awarded the respondent nominal damages, by way of compensation, their finding of exemplary damages can not be sustained. 1 Suth.
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Appeal from the St. Louis City Circuit Court. — Hon. Sellen P. Spencer, Judge. The petition does not state facts sufficient to constitute a cause of action. R. S. 1889, see. 3869; Callahan v. Ingram, 122 Mo. 365. The jury having awarded the respondent nominal damages, by way of compensation, their finding of exemplary damages can not be sustained. 1 Suth. Dam., sec. 406; Girard v. Moore, 86 Tex. 675; Stacy v. Publishing Co., 68 Me. 279; Jones v. Mathews, 75 Tex. 1; Kuhn v. R’y, 74 Iowa, 137. To justify exemplary damages, the act complained of must not only have been unlawful, but it must have…
1Opinion of the CourtBond, J.
The following article was publishsd in the newspaper of defendant on March 1, 1897:
“Heavy Shooting
“Indulged in by a Quartet of Gramblers.
“Martin Ferguson conducts a hotel at Ninth and Chestnut. His place was visited Sunday qight by detectives Kelly, Killian and Williams, who without ceremony burst in a door and brought forth Ferguson, Fred Herget, known as Sawdust Johnny, Joe Smith and B. H. Smith. They had a swell game of craps in there, the officers said. It is claimed the men were ‘shooting’ $200 a throw.”
On the fifth of March, 1897, plaintiff being one of the persons named in said…
2Cases cited11 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Callahan v. IngramSupreme Court of Missouri · 1894
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Nicholson v. RogersSupreme Court of Missouri · 1895
- Stacy v. Portland Publishing Co.Supreme Judicial Court of Maine · 1878
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- Beck v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Mills v. TaylorMissouri Court of Appeals · 1900
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