McKee v. Calvert
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. Andrew Ellison, Judge. The petition does not allege that the assault was committed in a wanton, malicious, rude and aggravated manner, or dictated by á deliberate intention to vex, degrade and insult plaintiff.
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Appeal from Clark Circuit Court. — Hon. Andrew Ellison, Judge. The petition does not allege that the assault was committed in a wanton, malicious, rude and aggravated manner, or dictated by á deliberate intention to vex, degrade and insult plaintiff. Green v. Craig, 47 Mo. 90. And there was no evidence that the assault was committed in such manner and with such intention, and the court should not •have instructed for exemplary damages, plaintiff' only being entitled to actual damages. Sedgwick on Dam., (4 Ed.) pp. 32, 610; Plummer v. Ilurburt, 5 Clark (Iowa) 308; Buckley v. Knapp, 48 Mo. 153,…
1Opinion of the Court
Philips, C.
This is an action for damages for an assault and battery. Yerdict and judgment for plaintiff for the sum of $250. Defendant has brought the case here on appeal. Neither the motion for new trial nor in arrest are preserved in the bill of exceptions, and therefore no alleged errors committed in the progress of the trial can be considered or reviewed by this court. Collins v. Barding, 65 Mo. 496; Jefferson City v. Opel, 67 Mo. 394; Robinson v. Hood, 67 Mo. 660 ; State ex rel. Estes v. Gaither, 77 Mo. 304. On this record no errors are reviewable save such as are apparent in what is…
2Cases cited4 opinions
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- State ex rel. Estes v. GaitherSupreme Court of Missouri · 1883
- Robinson v. HoodSupreme Court of Missouri · 1878
- Collins v. BardingSupreme Court of Missouri · 1877
3Cited by2 opinions
- Taussig v. SchieldsMissouri Court of Appeals · 1887
- Story & Camp v. RagsdaleMissouri Court of Appeals · 1888