Orscheln v. Scott
Court of Appeals of Kansas
Appeal from Cooper Circuit Court. — Hon. T. B. Robinson, Judge. (1) Error was committed in awarding plaintiff exemplary damages. Badostain v. Grazide (Col.), 47 Pac. Rep. 118; Niff v. Youman, 86 N. Y. 324; Lee v. Woolsey, 19 Johns 321; Carson v. Smith, 133 Mo. 617. (2) There was no evidence of the age of plaintiff, and it was error for the trial court to direct the jury to “take into consideration the age_of plaintiff” in assessing the damages.
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Appeal from Cooper Circuit Court. — Hon. T. B. Robinson, Judge. (1) Error was committed in awarding plaintiff exemplary damages. Badostain v. Grazide (Col.), 47 Pac. Rep. 118; Niff v. Youman, 86 N. Y. 324; Lee v. Woolsey, 19 Johns 321; Carson v. Smith, 133 Mo. 617. (2) There was no evidence of the age of plaintiff, and it was error for the trial court to direct the jury to “take into consideration the age_of plaintiff” in assessing the damages. This court has reversed two cases for a similar error, and upon that ground. Hines v. City of Marshall, 22 Mo. App. 208; Gessley v. Railroad, 26 Mo.…
1Opinion of the CourtEllison, J.
This is an action for damages alleged to have resulted to plaintiff by, reason of defendant’s assault upon him with a knife whereby one of his eyes was cut out. The verdict and judgment in the trial court was for plaintiff in the sum of $3,000. Of this sum the verdict stated that $2,500 was for compensatory and $500 was for punitive damages. The answer, besides a general denial, pleaded plaintiff’s own first assault. Tbe case was in this court prior to this and will be found reported in 79 Mo. App. 534.
The trial court, over defendant’s protest, instructed the jury that they might allow, in…
2Cases cited27 opinions
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- State v. . McNairSupreme Court of North Carolina · 1885
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- Warlick v. . WhiteSupreme Court of North Carolina · 1877
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3Cited by15 opinions
- Prudential Ins. Co. of America v. FaulknerCourt of Appeals for the Tenth Circuit · 1934
- Willis v. City of BrowningMissouri Court of Appeals · 1912
- Johnson v. DailyMissouri Court of Appeals · 1909
- Voelker v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1910
- Lehman v. LambertSupreme Court of Missouri · 1932
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