State Ex Rel. Kurn v. Hughes

This is an original proceeding in certiorari to review for alleged conflict the opinion of respondents in the case of Mason v. Kurn et al. (Mo. App.), 145 S.W.2d 465. The plaintiff recovered a judgment for $2500 actual damages and $1500 punitive damages on account of injuries sustained when a truck owned and driven by him was struck by defendants' train at a public crossing in Franklin County. Defendants appealed. The sole issue presented by the appeal was whether the evidence was sufficient to warrant an award of punitive damages and, therefore, whether the giving of instructions authorizing…