McMillen v. Elder
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) There is no evidence connecting this testimony with the alleged condition of defendant as brought about by the assault and battery, if any. The evidence relating to defendant’s wealth should not have been admitted for the reason that there were no aggravating circumstances shown to authorize a recovery of punitive damages.
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) There is no evidence connecting this testimony with the alleged condition of defendant as brought about by the assault and battery, if any. The evidence relating to defendant’s wealth should not have been admitted for the reason that there were no aggravating circumstances shown to authorize a recovery of punitive damages. Hence, evidence of the opulence or poverty of defendant was not properly admitted in evidence. Morgan v. Durfee, 69 Mo. 481; Whalen v. Church, 62 Mo. 329. (2) The second instruction given by the court on behalf…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Defendant first contends that the court erred in admitting the testimony of the two physicians as to the physical condition and treatment of the plaintiff. This contention cannot be considered by us for the reason, if for no other, that, so far as the abstract discloses, this evidence was offered and admitted in evidence without objection.
II. Defendant next contends that the court erred in refusing to give the instruction offered by him excluding from the consideration of the jury the question of punitive damages. In support of this instruction he asserts that…
2Cases cited6 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Beck v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Baxter v. MagillMissouri Court of Appeals · 1907
- Prince & Co. v. St. Louis Cotton Compress Co.Missouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brown v. PayneSupreme Court of Missouri · 1954
- Walsh v. Metropolitan Life InsuranceMissouri Court of Appeals · 1912
- Reber v. Bell Telephone Co.Missouri Court of Appeals · 1916