Sperry v. Hurd
Supreme Court of Missouri
Error to Buchanan Circuit Court. — Hon. W. K. Amide, Judge. (1) The admission of the testimony as to the value of the Davies County eighty-acre pasture was ■error.
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Error to Buchanan Circuit Court. — Hon. W. K. Amide, Judge. (1) The admission of the testimony as to the value of the Davies County eighty-acre pasture was ■error. It was not within the issues; such damage was speculative and remote. 13 Cyc. 23; Wynant v. Krouse, 53 L. R. A. 626; Caldwell v. Evans, 85 111. 170; Krenger v. Blank, 62 Mich. 70; Loker v, Damon, 17 Pick. 284; Saunders v. Brosius, 52 Mo. 50. (2) 'There was not any evidence to connect James Hurd with the tearing down of the post and wire fence, ■charged in the second count of plaintiff’s petition; and the court erred in not…
1Opinion of the Court
WILLIAMS, C.
This is a suit to recover actual and exemplary damages for malicious trespass. The fourth amended petition,, upon which the present trial was had, was in two counts. The first count sought* to recover $100 actual damages and $10,000 exemplary damages, and was based upon the alleged malicious acts of defendants in destroying a hedge fence belonging to the plaintiff, whereby cattle and horses escaped into one of the plaintiff’s enclosures, damaging his orchard, garden and truck patch, in the month of April,'1904. The second count seeks to recover $410 actual damages and $10,000…
2Cases cited13 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Ewing v. Vernon CountySupreme Court of Missouri · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Beggs v. Universal CIT Credit CorporationSupreme Court of Missouri · 1966
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- State ex rel. Boswell v. CurtisMissouri Court of Appeals · 1960
- Lyons v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
- State ex rel. Atchison, Topeka & Santa Fe Railway Co. v. EllisonSupreme Court of Missouri · 1916
19 more not listed; retrieve them via the Exa API.