Schafer v. Ostmann
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) The court, erred in refusing to instruct the jury that there could be no recovery for punitive damages, for the reason that the petition itself does not allege either malice or wantonness. (2) Plaintiff’s instructions numbers 2 and 3 are erroneous in that they authorize a verdict against Henry Ostmann, Sr., without regard as to whether or not he acted in concert with his co-defendant.
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Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) The court, erred in refusing to instruct the jury that there could be no recovery for punitive damages, for the reason that the petition itself does not allege either malice or wantonness. (2) Plaintiff’s instructions numbers 2 and 3 are erroneous in that they authorize a verdict against Henry Ostmann, Sr., without regard as to whether or not he acted in concert with his co-defendant. Instruction number 4 is erroneous in that it authorizes a verdict against defendant, William Ostmann, without regard as to whether or not he…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff as a result of an alleged assault and battery made upon him by defendants. Plaintiff recovered and defendants appeal.
The evidence tended to prove that plaintiff was assaulted by defendant Henry Ostmann, Sr., and his son, William Ostmann, in a public road, without just provocation. As a result, plaintiff received a severe beating at the hands of both defendants. The elder Ostmann used his fists and the younger Ostmann a club in inflicting the punishment. It seems a controversy arose first between plaintiff and Henry Ostmann, whereupon Henry…
2Cases cited10 opinions
- United States v. DuellSupreme Court of the United States · 1899
- Buckley v. KnappSupreme Court of Missouri · 1871
- Smith v. WunderlichIllinois Supreme Court · 1873
- Hartpence v. RogersSupreme Court of Missouri · 1898
- Barton v. BartonMissouri Court of Appeals · 1906
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3Cited by20 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Dunaway v. TrouttSupreme Court of Arkansas · 1960
- State ex rel. Boswell v. CurtisMissouri Court of Appeals · 1960
- Wolfersberger v. MillerSupreme Court of Missouri · 1931
- Dawes v. StarrettSupreme Court of Missouri · 1935
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