Williams v. Williams
Missouri Court of Appeals
Appeal from Bates Circuit Court. — No». Charles A. Denton, Judge. (1) The only instruction given on actual damages was wrong. In the case of Comer v. Taylor, 82 Mo. 347, an- instruction containing the same vice was severely condemned and held reversible error. Also in the case of Walters v. Cox, 67 Mo. App. 302, an instruction almost identical in language was held reversible error. In Plummer v. City of Milan, 70 Mo.
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Appeal from Bates Circuit Court. — No». Charles A. Denton, Judge. (1) The only instruction given on actual damages was wrong. In the case of Comer v. Taylor, 82 Mo. 347, an- instruction containing the same vice was severely condemned and held reversible error. Also in the case of Walters v. Cox, 67 Mo. App. 302, an instruction almost identical in language was held reversible error. In Plummer v. City of Milan, 70 Mo. App. 601, an instruction of the same verbiage was likewise held reversible error. (2) A verdict obtained from a jury by a peremptory instruction and assumption of contested facts…
1Opinion of the CourtJohnson, J.
It is alleged in the petition that “defendant unlawfully, wilfully and maliciously assaulted and beat plaintiff by angrily catching hold of her and violently throwing her on the ground, by reason of which she has suffered and still suffers great *269bodily pain and mental anguish; that said assault injured plaintiff’s right hip and shocked her whole sys: tern and made her sick, sore and lame.” The prayer is for both compensatory and punitory damages. The answer on which the cause went to trial was a general denial. Verdict was for plaintiff in the sum of $900 actual and $500 exemplary damages,…
2Cited by5 opinions
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