Frost v. Taylor

TITUS, Judge.

On Armistice Day 1979 plaintiff owned a dog, a 14-month-old white and black spotted Walker bitch named Cindy, when it was shot by defendant Benny Taylor (Benny), the son of defendant Marshall Taylor (Marshall). Plaintiff sued defendants for $2,000 actual and $10,000 punitive damages. The trial court, sans a jury, awarded plaintiff $1,500 actual damages and no punitive damages. Defendants appealed. 1

As provided by Rule 73.01 2 , appellate review of court-tried cases is to be “upon both the law and the evidence as in suits of an equitable nature.” This means “that the decree or…