Cravens v. Hunter
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. Henry O. Rileyj Judge. (1) When, the evidence shows an actual damage, but fails to show with reasonable certainty the extent of such damages, plaintiff is entitled to nominal damages only. When the evidence does not furnish sufficient data by which damages can be estimated only nominal damages can be recovered.
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Appeal from New Madrid Circuit Court. — Hon. Henry O. Rileyj Judge. (1) When, the evidence shows an actual damage, but fails to show with reasonable certainty the extent of such damages, plaintiff is entitled to nominal damages only. When the evidence does not furnish sufficient data by which damages can be estimated only nominal damages can be recovered. Howard v. Taylor, 99 Ala. 450.' In an action for injuries to land and crops, where the jury, from the facts proven, could have established no particular sum as damages, a verdict for other than nominal damages must be set aside. Railroad v.…
1Opinion of the CourtBland, P. J.
The petition is in three counts. The first alleges that plaintiff rented the defendant’s farm, known as the Mary Jasper farm consisting of two hundred and fifty acres, for the year 1.897, and agreed to pay as rent one-tbird of the crop; that as a part consideration for the rent, defendant agreed to build a cross-fence to separate the wheatfield from the cornfield and to erect a barn sufficient to bouse plaintiff’s part of the crop, bis live stock and bis farming implements; that plaintiff cultivated the farm and paid the rent, but that defendant failed and refused to build the fence or to…
2Cases cited4 opinions
- Sheedy v. Union Press Brick WorksMissouri Court of Appeals · 1887
- Williams v. BrownSupreme Court of Iowa · 1889
- Howard v. TaylorSupreme Court of Alabama · 1892
- Railway Co. v. GrahamSupreme Court of Arkansas · 1892
3Cited by12 opinions
- Cazzell v. SchofieldSupreme Court of Missouri · 1928
- Thayer-Moore Brokerage Co. v. CampbellMissouri Court of Appeals · 1912
- Pauley v. Business Men's Assurance Co. of AmericaMissouri Court of Appeals · 1924
- Ritz v. Cousins Lumber Co.Missouri Court of Appeals · 1933
- Carlson v. Kansas City, Clay County & St. Joseph Auto Transit Co.Missouri Court of Appeals · 1926
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