Barr v. City of Kansas
Supreme Court of Missouri
Appear from, Jackson Circuit Court. — Hon. T. A. Gill, Judge.- (1) The court erred in giving and refusing instructions. (2) The damages assessed are excessive. There were no circumstances shown indicating wantonness, recklessness or conscious negligence that could be made the basis for aggravated, exemplary or punitive damages. Parsons v. Railroad, 94 Mo. 286; see, also, Stephens v. Railroad, 96 Mo. 207. (1) The court did not err in giving plaintiff’s first instruction.
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Appear from, Jackson Circuit Court. — Hon. T. A. Gill, Judge.- (1) The court erred in giving and refusing instructions. (2) The damages assessed are excessive. There were no circumstances shown indicating wantonness, recklessness or conscious negligence that could be made the basis for aggravated, exemplary or punitive damages. Parsons v. Railroad, 94 Mo. 286; see, also, Stephens v. Railroad, 96 Mo. 207. (1) The court did not err in giving plaintiff’s first instruction. Russell v. Columbia, 74 Mo. 480; Yokum v. Trenton, 20 Mo. App. 489 ; Bonnie v. Richmond, 75 Mo. 437; City v. Small, 86 Ind.…
1Opinion of the CourtBrace, J.
Action for personal injuries, in which plaintiff recovered a judgment in the Jackson circuit couit against the City of Kansas for $10,000, from which defendant appeals.
The material averments of the petition are as follows: That, on the third day of July, 1887, and long prior thereto, Campbell street, between Sixth and Eighth streets, in said city, had been open for travel and generally used by the public as a street; that, under said Campbell street, at a point about opposite to where the alley between Seventh and Eighth streets intersects said Campbell street, there was a sewer previously…
2Cases cited16 opinions
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Perrigo v. City of St. LouisSupreme Court of Missouri · 1904
35 more not listed; retrieve them via the Exa API.