Cook v. Neely
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Son. O. A. ■ Mosman, Judge. Punitive damages are not given as a matter of right and it is always a question for the jury to determine in any case whether or not they are to he allowed.
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Appeal from Buchanan Circuit Court. — Son. O. A. ■ Mosman, Judge. Punitive damages are not given as a matter of right and it is always a question for the jury to determine in any case whether or not they are to he allowed. Callahan v. Ingram, 122 Mo. 372; Nicholson v. Rogers, 129 Mo. 136; Sedgwick on Damages, sec. 387;. 2 Thompson on Trials, sec. 2065; Carson v. Smith, 133 Mo. 606. When a quarrel is entered into for some unlawful purpose, such as wreaking or gratifying malice, then there can be no self-defense in the case. State v. Dunn, 221 Mo. 530; State v. Underwood, 57 Mo. 50; State v.…
1Opinion of the CourtEllison, J.
Plaintiff’s action is to recover damages for an assault and battery charged to have been inflicted upon him by defendants in Andrew county. There was a change of venue to Buchanan county, where plaintiff obtained a verdict for eighteen hundred dollars actual and six hundred dollars exemplary damages. This verdict was set aside by the court on the ground of error in rulings and another trial had which again resulted in plaintiff’s favor, this time in the sum of three thousand dollars actual and five hundred dollars punitive damages. The court required a remittitur reducing the verdict to…
2Cases cited4 opinions
- Haycraft v. GrigsbyMissouri Court of Appeals · 1901
- State v. BoyerMissouri Court of Appeals · 1897
- Williams v. WilliamsMissouri Court of Appeals · 1908
- Tomlinson v. LynchSupreme Court of Missouri · 1862
3Cited by2 opinions
- Bond v. WilliamsSupreme Court of Missouri · 1919
- Streeter v. HundleySupreme Court of Missouri · 1979