Geary v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Howell County Circuit Court —Hon. W. N. Evans, Judge. (1) Instruction No. 2 given on the part of the plaintiff is erroneous in that it is misleading and, impliedly, at least, allows double damages. Trigg: v. Railroad, 74 Mo. 147; Railroad v.- Birney, 71 111. 391; Prances v. Transfer Co., 5 Mo. App. 7; Spohn v. Railroad, 116 Mo. 632; Connell v. Western Union Tel. Co., 116 Mo. 46; Deming v. Railroad, 80 Mo. App. 162; State v. Workman, 75 Mo.
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Appeal from Howell County Circuit Court —Hon. W. N. Evans, Judge. (1) Instruction No. 2 given on the part of the plaintiff is erroneous in that it is misleading and, impliedly, at least, allows double damages. Trigg: v. Railroad, 74 Mo. 147; Railroad v.- Birney, 71 111. 391; Prances v. Transfer Co., 5 Mo. App. 7; Spohn v. Railroad, 116 Mo. 632; Connell v. Western Union Tel. Co., 116 Mo. 46; Deming v. Railroad, 80 Mo. App. 162; State v. Workman, 75 Mo. App. 454. (2) Instruction No. 4 is erroneous in that it invades the discretion and province of the jury; second, it refers the- jury to the ad…
1Opinion of the Court
GRAY, Special Judge.
—This suit was instituted to recover damages for an assault made on the plaintiff by the defendant’s station agent at the town of Pomona, on the 11th. day of October, 1911. The pleadings and evidence authorized a verdict for both compensatory and exemplary damages, and the jury returned such a verdict, assessing the plaintiff’s compensatory damages at the sum of $750, and his exemplary damages at $2000.
While appellant assigns several reasons for a re-' versal of the judgment, the only one seriously urged relates to the instruction as to exemplary damages. The instruction…
Also in this document: Concurrence.
2Cases cited10 opinions
- Callahan v. IngramSupreme Court of Missouri · 1894
- De Palma v. WeinmanNew Mexico Supreme Court · 1909
- Chesapeake & Ohio Ry. Co. v. ConleyCourt of Appeals of Kentucky · 1910
- Carson v. SmithSupreme Court of Missouri · 1896
- Nicholson v. RogersSupreme Court of Missouri · 1895
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3Cited by2 opinions
- Simmons Ex Rel. Simmons v. JonesMissouri Court of Appeals · 1962
- Dickensheet v. Chouteau Mining Co.Missouri Court of Appeals · 1918