Legal Opinion

Lewis v. Jannoupoulo

Missouri Court of Appeals

Decided April 7, 1897PublishedCited by 3 opinions

Appeal from the St. Louis City Circuit Court. — Hon. James E. Withbow, Judge. An instruction not 'warranted by the evidence is erroneous. Benjamin v. Street B’y, 50 Mo. App. 602; Cross v. B’y, 56 Id. 664. Punitive damages can not be recovered, unless it appears that the act complained of was unlawful, and was also wanton and malicious. State, etc., v. Bungling, 116 Mo. 162. An instruction, asked by defendant, on the ‘‘accident theory,” should have been granted.

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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withbow, Judge. An instruction not 'warranted by the evidence is erroneous. Benjamin v. Street B’y, 50 Mo. App. 602; Cross v. B’y, 56 Id. 664. Punitive damages can not be recovered, unless it appears that the act complained of was unlawful, and was also wanton and malicious. State, etc., v. Bungling, 116 Mo. 162. An instruction, asked by defendant, on the ‘‘accident theory,” should have been granted. Henry v. B’y, 113 Mo. 537; Guffey v. B’y, 53 Mo. App. 462. Damages recoverable in an ordinary action for damages on account of…

1Opinion of the CourtBond, J.

On the seventeenth of May, 1892, plaintiff and defendant were fellow passengers on a train coming into St. Louis. The plaintiff and three friends were amusing themselves with a game of cards in two seats arranged to face each other, and which were in the rear of the seat occupied by defendant and another person. The two latter were reading, having their backs turned to the card players. The train newsboy had furnished the card players with a doll baby, having a china head. *328It appeal’s that one of the card players placed the doll on defendant’s shoulder, so as to tickle his ear; that defendant…

2Cases cited1 opinion

  1. Berlin v. ThompsonMissouri Court of Appeals · 1895

3Cited by3 opinions

  1. Hoffman v. GillMissouri Court of Appeals · 1903
  2. Lampert v. Judge & Dolph Drug Co.Missouri Court of Appeals · 1906
  3. Barnett v. Chicago & Alton RailroadMissouri Court of Appeals · 1898

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