State ex rel. Hartley v. Evans
Missouri Court of Appeals
Appeal from tbe Cape Girardeau Court of Common Pleas. — Hon. Frank E. Burroughs, Judge. (1) We insist that the court erred in not giving the instruction prayed for by appellants, instructing the jury under the pleading, and evidence to find a verdict for defendants. For the reason that no verdict for damages can be recovered, unless pecuniary loss or physical injury has been sustained. However great the mental anguish may be, that alone will not be a basis for damages.
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Appeal from tbe Cape Girardeau Court of Common Pleas. — Hon. Frank E. Burroughs, Judge. (1) We insist that the court erred in not giving the instruction prayed for by appellants, instructing the jury under the pleading, and evidence to find a verdict for defendants. For the reason that no verdict for damages can be recovered, unless pecuniary loss or physical injury has been sustained. However great the mental anguish may be, that alone will not be a basis for damages. The petition does not charge any physical injury or pecuniary loss or loss of occupation. Nor did the testimony show any.…
1Opinion of the CourtBland, P. J.
This suit is on the official bond of the sheriff of Stoddard county, for false arrest and imprisonment *303of the plaintiff in the common jail of the county by the sheriff, without warrant. The defense set up in the answer is that the arrest was made by the sheriff in his official capacity and in discharge of his official duty, in good faith and in the belief that plaintiff was wanted in Gasconade county, Missouri, to answer to a charge of murder that had been made against him. There was d trial by jury, verdict and judgment for plaintiff for $300, from which defendants duly appealed.
The evidence…
2Cases cited3 opinions
- Green v. GravesMichigan Supreme Court · 1844
- State v. AlbrightSupreme Court of Missouri · 1898
- Kelly v. Duluth, South Shore & Atlantic Railway Co.Michigan Supreme Court · 1892
3Cited by1 opinion
- Wehmeyer v. MulvihillMissouri Court of Appeals · 1910