Custer v. Kroeger
Missouri Court of Appeals
Appeal from the Circuit Court of Lewis County.— H'on. James A. Cooley, Judge.. (1) The instruction in the nature of a demurrer offered at the close of all the evidence in the case should have been given. Charles v. Patch, 87 Mo. 450; Hyde v. Mo. Pac. Ry. Co., 110 Mo. 272; Knapp v. Hanley, 108 Mo.
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Appeal from the Circuit Court of Lewis County.— H'on. James A. Cooley, Judge.. (1) The instruction in the nature of a demurrer offered at the close of all the evidence in the case should have been given. Charles v. Patch, 87 Mo. 450; Hyde v. Mo. Pac. Ry. Co., 110 Mo. 272; Knapp v. Hanley, 108 Mo. App. 353. (2) The question of punitive or exemplary damages should not have been submitted, and under the law, the pleadings and evidence the court should have held that punitive damages could not have been recovered in this case. Orscheln v. Scott, 90 Mo. App. 352. (3) Instructions Nos. 1 and 3, on…
1Opinion of the Court
This action seeks damages for an assault and battery, which is alleged to have been wilful, unlawful and malicious. The answer, in addition to a general denial, sets up a plea of self defense. The cause was tried before a jury, where the plaintiff had a verdict for $250 actual and $1250 exemplary damages.
Defendant appeals, alleging error in failing to sustain his demurrer to the evidence, in permitting a recovery of punitive damages under the facts of the case, error in the instruction given on behalf of plaintiff and of the court's own motion, and in addition a claim is made by the defendant…
2Cases cited7 opinions
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Orscheln v. ScottCourt of Appeals of Kansas · 1901
- Webb v. ByrdMissouri Court of Appeals · 1920
- Brouster v. FoxMissouri Court of Appeals · 1906
- Haines v. Chicago, Rock Island & Pacific RailwayMissouri Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Shugar v. GuillSupreme Court of North Carolina · 1981
- Bean v. BransonMissouri Court of Appeals · 1924
- Calkins v. EngleMissouri Court of Appeals · 1927
- State ex rel. State Highway Commission v. McMurtryMissouri Court of Appeals · 1956
1 more not listed; retrieve them via the Exa API.