Legal Opinion

Brewster v. Link

Supreme Court of Missouri

Decided March 15, 1859PublishedCited by 7 opinions

Appeal from St. Louis Land Court. I. The jury could only assess single damages. When damages are to be trebled, it must be done by the court, not by the jury. (1 Oow. 584, 160 ; 8 Johns. 844 ; 4 Mo. 564; 7 Mo. 149; 8 Mo. 350; 12 Mo. 511; 1 Mo. 280.) The fourth instruction authorizes the jury to assess treble damages against the defendant. This was error; nor is it any the less error that the defendant prayed a similar instruction, which was also given by the court.

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Appeal from St. Louis Land Court. I. The jury could only assess single damages. When damages are to be trebled, it must be done by the court, not by the jury. (1 Oow. 584, 160 ; 8 Johns. 844 ; 4 Mo. 564; 7 Mo. 149; 8 Mo. 350; 12 Mo. 511; 1 Mo. 280.) The fourth instruction authorizes the jury to assess treble damages against the defendant. This was error; nor is it any the less error that the defendant prayed a similar instruction, which was also given by the court. The court having given the fourth instruction against the objection of the defendant, he might well ask an instruction putting…

1Opinion of the CourtKiohaRDSON, Judge

This was an action of trespass alleged to have been committed by the defendant on land that belonged to the plaintiff. The petition contains three counts — two of which were intended to be framed on the statute of 1845 to prevent trespasses, and the other is a common law count for entering the plaintiff’s close and cutting and carrying away timber, and removing wood and rails. The jury found a general verdict for the plaintiff and assessed his damages at one hundred dollars. The court gave the following instruction at the plaintiff’s instance: “ If the jury shall believe from the evidence in…

2Cases cited5 opinions

  1. Walther v. WarnerSupreme Court of Missouri · 1858
  2. Ewing v. LeatonSupreme Court of Missouri · 1853
  3. Labeaume v. WoolfolkSupreme Court of Missouri · 1853
  4. Herron v. HornbackSupreme Court of Missouri · 1857
  5. Lowe v. HarrisonSupreme Court of Missouri · 1844

3Cited by7 opinions

  1. Broschart v. TuttleSupreme Court of Connecticut · 1890
  2. Dunbar v. JonesSupreme Court of Connecticut · 1913
  3. Hudson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
  4. Wood v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
  5. Chilton v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1910

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