Brennan v. Maule
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — No A J. B. Kinealy, Judge. Actual damages must be found as a predicate for the recovery of exemplary damages. “When no actual damage has been sustained,” as found by the jury, “no exemplary damages can be allowed,” etc. Hoagland v. Amusement Co., 170 Mo. 335, 70 S. W. 878. Normal damages will sustain punitory. Mills v. Taylor, 85 Mo. App. Ill; Ferguson v. Chronicle Pub. Co., 72 Mo. App. 462; Favorite v. Cottrell, 62 Mo.
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Appeal from St. Louis Circuit Court. — No A J. B. Kinealy, Judge. Actual damages must be found as a predicate for the recovery of exemplary damages. “When no actual damage has been sustained,” as found by the jury, “no exemplary damages can be allowed,” etc. Hoagland v. Amusement Co., 170 Mo. 335, 70 S. W. 878. Normal damages will sustain punitory. Mills v. Taylor, 85 Mo. App. Ill; Ferguson v. Chronicle Pub. Co., 72 Mo. App. 462; Favorite v. Cottrell, 62 Mo. App. 119. If defendant committed no legal wrong, though his act resulted in damage to plaintiff, the law affords no remedy. It is damnum…
1Opinion of the CourtReyburn, J.
— In an action for slander in two counts, in the second of which both actual and punitive damages were prayed, a jury returned as its verdict the following :
“We the jury in the above-entitled cause find in favor of the "defendant on the issues joined in the first count of the petition, in accordance with the instructions of the court.
“And we find in favor of the plaintiff on the issues joined in the second count of the petition and assess his actual damages thereon at the sum of —--dollars. And we assess his pimitive damages at the sum of one hundred ($100) dollars.”
Upon judgment on this…
2Cases cited2 opinions
- Hoagland v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1902
- Hathaway v. St. Louis, Kennett & Southern RailroadMissouri Court of Appeals · 1902
3Cited by2 opinions
- Dickensheet v. Chouteau Mining Co.Missouri Court of Appeals · 1918
- Roney v. OrganMissouri Court of Appeals · 1913