Coxe v. Whitney
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. . The appellants submit the following propositions : 1st. The plaintiff claimed vindictive damages, and, in the third instruction given, the court says he was entitled to it, thus placing before the jury the motives of the defendants, and “ all the circumstances which give character to the assault,” as proper for their consid« radon.
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APPEAL from St. Louis Circuit Court. . The appellants submit the following propositions : 1st. The plaintiff claimed vindictive damages, and, in the third instruction given, the court says he was entitled to it, thus placing before the jury the motives of the defendants, and “ all the circumstances which give character to the assault,” as proper for their consid« radon. The defendants ought to have been allowed to read in evidence, in mitigation of damages, the scandalous article in the Picket Guard, in which the wife and brother of the defendant Coxe, and the near relative of the other…
1Opinion of the CourtNapton, J.
This whs an action of trespass, assault and battery, brought by Whitney against Coxe, Christy, Mitchell and Schumburg. Each defendant pleaded separately “not guilty,” and a separate plea of son assault demesne. To these pleas, replications were filed, traversing the pleas and the issues taken were tried at the last April term of the St. Louis circuit court. The plaintiff had a verdict and judgment against all the defendants for sixteen hundred .dollars.
The plaintiff Whitney was the editor, or one of the editors, of a newspaper printed in St. Louis, called the “ Picket Guardand was also an…
2Cases cited2 opinions
- Maynard v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Rochester v. AndersonCourt of Appeals of Kentucky · 1809
3Cited by13 opinions
- State v. HaysSupreme Court of Missouri · 1856
- Gross v. WattsSupreme Court of Missouri · 1907
- Bond v. WilliamsSupreme Court of Missouri · 1919
- Keiser v. SmithSupreme Court of Alabama · 1882
- State v. JacksonSupreme Court of Missouri · 1853
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