Franz v. Hilterbrand
Supreme Court of Missouri
Erro? to Second District Court. I. The first and second instructions given for plaintiff were warranted by the evidence, and were proper.
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Erro? to Second District Court. I. The first and second instructions given for plaintiff were warranted by the evidence, and were proper. (Goetz v. Ambs, 27 Mo. 28 ; Best et al. v. Allen, 80 Ill. 30; Hawk et al. v. Ridgway, 33 Ill. 473 ; Major v. Pullman, 3 Dana, 582 ; Treat v. Barker, 7 Conn. 274; Board v. Head, 3 Dana, 489 ; Ingalls v. Bills, 9 Met. 1; Duncan v. Stalcup, 1 Dev. 440.) H. In actions of trespass and tort, the principles of law sustain the giving of exemplary damages or smart money, and courts will not disturb the verdict of the jury unless the damages are so excessive that at…
1Opinion of the Court
Wagner, Judge,
delivered tbe opinion of the court.
The only question material to notice in this case is the action of the Circuit Court in giving instructions relating to the measure of damages. The plaintiff owned two diseased horses, which he worked on his farm. The defendants, and others residing in the neighborhood, believed the horses had what is known as the glanders, a disease which they apprehended as contagious and incurable; and to prevent its spreading and doing injury, they went to plaintiff’s premises and killed the horses. There was no evidence of anything like malice in their…
2Cases cited5 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- Walker v. BorlandSupreme Court of Missouri · 1855
- Freidenheit v. EdmundsonSupreme Court of Missouri · 1865
- Milburn v. Beach & EddySupreme Court of Missouri · 1851
3Cited by25 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Ohio Casualty Ins. Co. v. Welfare Finance Co.Court of Appeals for the Eighth Circuit · 1934
- Carson v. SmithSupreme Court of Missouri · 1896
- Graham v. Pacific RailroadSupreme Court of Missouri · 1877
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