Engle v. Jones
Supreme Court of Missouri
Appeal from, Polk Circuit Court. cited: Logan vs. Small, 43 Mo., 254; Franz vs. Hilterbrand, 45 Mo., 121; McKeon vs. Citizens Railway, 42 Mo., 80; (latter clause on page 88.) ■ cited: Allred vs. Bray, 41 Mo., 485; Franz vs. Hilterbrand, 45 Mo., 122; Walker vs. Bprland, 21 Mo., 289; Goetz vs. Ambs, 27 Mo., 31; Friedenheit vs. Edmonson, 36 Mo., 230.
1Opinion of the CourtWagner, Judge
We have seen nothing objectionable in the record, except in the ruling óf the court, in reference to the question of damages. The other points were all fairly submitted, and the jury were the proper judges to pass upon them.
The action was in trespass for taking and converting two horses belonging to the plaintiff, and the court instructed the jury that if they found for the plaintiff, they should assess his damages at the actual value of the property when taken, unless the same was taken maliciously or wantonly, and in that case they might assess damages by way of smart money. No witness…
2Cases cited1 opinion
- Franz v. HilterbrandSupreme Court of Missouri · 1869
3Cited by15 opinions
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Carson v. SmithSupreme Court of Missouri · 1896
- Trauerman v. LippincottMissouri Court of Appeals · 1890
- Peak v. TaubmanSupreme Court of Missouri · 1913
- Fulkerson v. MurdockMissouri Court of Appeals · 1893
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