Midland Publishing Co. v. Implement Trade Journal Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The court erred in instructing the jury at the instance of plaintiff, that they might assess punitive damages or smart money against defendants in the absence of a separate statement or claim in the petition therefor. R. S. 1899, sec. 594; Berryman v. Cox, 73 Mo. App. 67; Gilfillan v. McCrillis, 84 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The court erred in instructing the jury at the instance of plaintiff, that they might assess punitive damages or smart money against defendants in the absence of a separate statement or claim in the petition therefor. R. S. 1899, sec. 594; Berryman v. Cox, 73 Mo. App. 67; Gilfillan v. McCrillis, 84 Mo. App. 576; 'Clothing Co. v. Dry Goods Co., 156 Mo. 393, 56 S. W. 1112. (2) It appears upon the'face of the record that the verdict for the punitive damages assessed is against the law and. not supported by the petition.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Defendants contend that plaintiff should have been non-suited on the first count of the petition for the reason that the words declared upon are not libelous per se and there was no proof of special damages. The publication claimed to be libelous begins as follows: “Hints to Advertisers. This is from the fake trade journal published at St. Louis. ’ ’ The connection in which the word “fake” is used in this paragraph shows that it was not used, and could not be understood, in its proper sense, to-wit: “To coil in fakes, as a cable in a box,’’ but in the sense it…
2Cases cited2 opinions
- Bundy v. HartSupreme Court of Missouri · 1870
- City of St. Joseph v. RobisonSupreme Court of Missouri · 1894
3Cited by10 opinions
- Life Printing & Publishing Co. v. FieldAppellate Court of Illinois · 1944
- Pandolfo v. Bank of BensonCourt of Appeals for the Ninth Circuit · 1921
- Life Printing & Publishing Co. v. FieldAppellate Court of Illinois · 1946
- Smith v. Pure Oil Co.Court of Appeals of Kentucky (pre-1976) · 1939
- Willfred Coal Co. v. SappAppellate Court of Illinois · 1915
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