Pemiscot Land & Cooperage Co. v. Davis
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court erred in failing to excuse juror Eobert Pophaxn. Sec. 3785, E. S. 1899; Mahaney v. Eailroad, 108 Mo. 191; State v. Walton, 74 Mo. 285. (2) The verdict was for nominal damages and under-the law and evidence in this case there was no nominal’ damage in the case. 8 Am. and Eng. Ency. of Law (2 Ed.), p. 542; Bouvier’s Law Dictionary, “Damage;”' Black’s Law Dictionary, “Nominal Damages.”
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court erred in failing to excuse juror Eobert Pophaxn. Sec. 3785, E. S. 1899; Mahaney v. Eailroad, 108 Mo. 191; State v. Walton, 74 Mo. 285. (2) The verdict was for nominal damages and under-the law and evidence in this case there was no nominal’ damage in the case. 8 Am. and Eng. Ency. of Law (2 Ed.), p. 542; Bouvier’s Law Dictionary, “Damage;”' Black’s Law Dictionary, “Nominal Damages.” As if' where plaintiff proved damages but failed to prove the-amonnt, he is entitled to nominal damages. Brown v.Emerson, 18 Mo. 103;…
1Opinion of the CourtReinoles, P. J.
(after stating the facts).— Counsel for plaintiff assigned three grounds of error: First, to the failure to excuse the juror, who was challenged; second, that the verdict was for nominal damages, while under the law and evidence in the case, there could be no verdict for nominal damages, and third, that the court erred in its instruction given at the instance of the respondents. Referring to the first error assigned, as to the failure to sustain the challenge to the juror, it is to be said that this point was not presented or saved by the motion for new trial; that it does not appear that the…
2Cases cited5 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Combs v. SmithSupreme Court of Missouri · 1883
- Feurt v. AmbroseMissouri Court of Appeals · 1889
- Knoche v. WhitemanMissouri Court of Appeals · 1901
- St. Louis Tow Co. v. Orphans Benefit InsuranceSupreme Court of Missouri · 1873
3Cited by4 opinions
- State v. ThomasSupreme Court of Missouri · 1943
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Byler v. StateSupreme Court of Arkansas · 1946
- State ex rel. State Highway Commission v. GannSupreme Court of Missouri · 1966