Evans v. City of Joplin
Missouri Court of Appeals
Appeal from the Jasper Circuit Court.—Son. J. D. Perlcins, Judge. Respondent’s instruction on the measure of damages is erroneous in assuming physical injuries were inflicted and bodily and mental anguish endured. An instruction so worded was condemned as erroneous in Plummer v. Milan, 10 Mo.
Read the full summary
Appeal from the Jasper Circuit Court.—Son. J. D. Perlcins, Judge. Respondent’s instruction on the measure of damages is erroneous in assuming physical injuries were inflicted and bodily and mental anguish endured. An instruction so worded was condemned as erroneous in Plummer v. Milan, 10 Mo. App. 599. (1) The courts now hold that even if an instruction is erroneous as to the elements constituting the measure of damages, unless the damages awarded are excessive, the judgment should not be reversed, and where it is for the right party it will he affirmed; that it was the duty of attorneys for…
1Opinion of the CourtSmith, P. J.
This case was here by appeal at the March term, 1898, when the judgment, which was for plaintiff, was reversed and the cause remanded—76 Mo. App. 20. Since then there has been a retrial, which likewise resulted in a judgment for plaintiff and from which defendant has again appealed.
When the cause was here before we reversed the judgment on account of an error in an instruction given for plaintiff relating to the measure of damages. The instruction in the present case relating to that subject is free from *298the vice for which that just referred to was by us condemned. But the defendant insists…
2Cases cited8 opinions
- Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Bradley v. City of Eau ClaireWisconsin Supreme Court · 1882
- Taylor v. . City of CohoesNew York Court of Appeals · 1887
- Hill v. City of SedaliaMissouri Court of Appeals · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Haggard v. City of CarthageSupreme Court of Missouri · 1902