Lampert v. Judge & Dolph Drug Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) Tlxe appellants are entitled to have the judgment herein set aside, because the respondent did not prove any actual compensatory damages, and, therefore, the court below erred in allowing the jury to find exemplary damages; for nominal damages will not support exemplary damages. Hoagland v. Forest Park Am.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) Tlxe appellants are entitled to have the judgment herein set aside, because the respondent did not prove any actual compensatory damages, and, therefore, the court below erred in allowing the jury to find exemplary damages; for nominal damages will not support exemplary damages. Hoagland v. Forest Park Am. Co., 170 Mo. 335; Sutherland on Damages, sec. 406; Kuhn v. Railroad, 74 Iowa, 137; Schwartz v. Davis, 90 Iowa, 324; Frees v. Triple, 70 111. 496; Meider v. Authis, 71 111. 241; Gaunsly v. Perkins, 30 Mich. 492;…
1Opinion of the Court
ROY, C.
This is a suit instituted February 23, 1904, in the circuit court of the city of St. Louis for damages for the infringement of a trade-mark. On a jury trial October 19, 1904, plaintiff had a verdict for one cent compensatory damages and $500' punitive damages, and judgment accordingly. On appeal to the St. Louis Court of Appeals the judgment was reversed in an opinion reported in 119 Mo. App. 693. One of the judges of that court being of the opinion that the decision is in conflict with Kennedy v. Railroad, 36 Mo. 351, the cause was certified to this court.
The Judge & Dolph Drug…
2Cases cited20 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Buckley v. KnappSupreme Court of Missouri · 1871
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Press Pub. Co. v. MonroeCourt of Appeals for the Second Circuit · 1896
- Goetz v. AmbsSupreme Court of Missouri · 1858
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