Sloan v. Speaker
Missouri Court of Appeals
Appeal from the'Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Vindictive and punitive damages can be given, if ever-in a civil case, only where the injury is intentionally, willfully and maliciously done. McKeon v. Railroad, 42 Mo. 79; Friedenheit v. Edmonson, 36 Mo. 227; Franz v- Hilterbrand, 45 Mo. 121; Engle v. Jones, 51 Mo. 316; Welsh v. Stewart, 31 Mo.
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Appeal from the'Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Vindictive and punitive damages can be given, if ever-in a civil case, only where the injury is intentionally, willfully and maliciously done. McKeon v. Railroad, 42 Mo. 79; Friedenheit v. Edmonson, 36 Mo. 227; Franz v- Hilterbrand, 45 Mo. 121; Engle v. Jones, 51 Mo. 316; Welsh v. Stewart, 31 Mo. App. 376. It is misdirection and wrong practice to give instructions, no matter how correct they may be abstractly, if the evidence in the particular case does not warrant or justify them. Frans v. Hilterbrand, 45 Mo. 121; Engle…
1Opinion of the CourtEllison, J.
The result of the trial of this case in the court below was a verdict for plaintiff for $200. The nature of the action is sufficiently expressed in plaintiff’s petition following:
“Plaintiff states that on or about the eighth day of November, 1893, in the county of Daviess and state of Missouri, the defendant did unlawfully assault plaintiff, and did then and there rudely, violently and with great force, push and slam a large gate against plaintiff’s arm and leg, and with said gate did strike, beat, bruise and wound her, the said plaintiff, upon the leg and arm, and did then and there, in a…
2Cases cited3 opinions
- Trauerman v. LippincottMissouri Court of Appeals · 1890
- O'Leary v. RowanSupreme Court of Missouri · 1860
- Howard v. LillardMissouri Court of Appeals · 1885
3Cited by5 opinions
- Orscheln v. ScottCourt of Appeals of Kansas · 1901
- Brown v. BarrMissouri Court of Appeals · 1914
- Lyddon v. DoseMissouri Court of Appeals · 1899
- Davis v. Terminal Railroad of St. LouisSupreme Court of Missouri · 1956
- Omohundro v. EmersonMissouri Court of Appeals · 1899