Courtney v. Kneib
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Now. Henry M. Barney, Judge. (1) When the jury by its verdict found that plaintiff was not entitled to actual damages then the defendant was entitled to a judgment in his favor. (2) The respondent has no legal right to recover exemplary damages unless he suffered actual damages. Hoagland v. Amusement Co., 170 Mo. 343; Mills v. Taylor, 85 Mo. App.
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Appeal from Buchanan Circuit Court. — Now. Henry M. Barney, Judge. (1) When the jury by its verdict found that plaintiff was not entitled to actual damages then the defendant was entitled to a judgment in his favor. (2) The respondent has no legal right to recover exemplary damages unless he suffered actual damages. Hoagland v. Amusement Co., 170 Mo. 343; Mills v. Taylor, 85 Mo. App. Ill; Sutherland on Damages (2 Ed.), sec. 406. (3) The verdict, in substance, if not literally, states that the respondent was not entitled to actual damages. Schippel v. Norton, 38 Kan. 572; Hoagland v. Amusement…
1Opinion of the CourtBroaddus, P. J.
This is an action for trespass, wherein plaintiff claims actual and punitive damages for an alleged assault upon his person by the defendant. The defendant in his answer denied the assault alleged, and alleges, that plaintiff made the first assault and that he acted in self-defense; and he further alleges that plaintiff assaulted and injured him for which he claims both actual and punitive damages. The suit was also brought against Philip Kneib, senior, and Albert Kneib, but as the court directed a verdict in their favor they are not parties to the appeal.
At the September term, 1906, of the…
2Cases cited4 opinions
- Hoagland v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1902
- Mills v. TaylorMissouri Court of Appeals · 1900
- Hoyle v. FarquharsonSupreme Court of Missouri · 1883
- Downing v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1897
3Cited by3 opinions
- State v. HigginsMissouri Court of Appeals · 1952
- Gerlach Live Stock Co. v. LaxaltNevada Supreme Court · 1930
- Robinson v. Riverside Concrete, Inc.Missouri Court of Appeals · 1976