Legal Opinion

Seago v. Paul Jones Realty Co.

Missouri Court of Appeals

Decided November 3, 1914PublishedCited by 3 opinions

Appeal from St. Louis City Circuit Court. — Hob. Hugo Muench, Judge. (1) The court erred in refusing to give and read to the jury defendant’s instruction number 1 and erred in modifying same. Kennedy v. Railroad, 36 Mo. 351; Jones v. Berry, 37 Mo. App. 125'; Howell, Jewett & Co. v. Carryl & Co., 50- Mo. App. 441. (2) The court erred in giving and reading to the jury plaintiff’s instruction number 6. McKeon v. Railroad, 42 Mo. 79 ; Pruitt v. Cheltenham Quarry Co., 33 Mo.

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Appeal from St. Louis City Circuit Court. — Hob. Hugo Muench, Judge. (1) The court erred in refusing to give and read to the jury defendant’s instruction number 1 and erred in modifying same. Kennedy v. Railroad, 36 Mo. 351; Jones v. Berry, 37 Mo. App. 125'; Howell, Jewett & Co. v. Carryl & Co., 50- Mo. App. 441. (2) The court erred in giving and reading to the jury plaintiff’s instruction number 6. McKeon v. Railroad, 42 Mo. 79 ; Pruitt v. Cheltenham Quarry Co., 33 Mo. App. 18; Lewis v. Jannopoulo, 70 Mo. App. 329. (3) The court erred in allowing plaintiff to recover punitive damages. Hull…

1Opinion of the CourtNortoni, J.

This is a suit for damages accrued on account of a trespass on the part of defendant. Plaintiff recovered both actual and punitive damages, and defendant prosecutes the appeal.

Defendant, an incorporated company, is engaged in the real estate business in St. Louis, and plaintiff, desiring to rent the residence numbered 3032 Locust street, communicated the fact to defendant on March 21, 1912. One Gough was then a tenant in the property, but had defaulted in the payment of rent, and defendant had brought suit against him for possession of the premises and recovered a judgment therefor in a court…

2Cases cited2 opinions

  1. Albert v. BeselSupreme Court of Missouri · 1885
  2. National Folding Box & Paper Co. v. Robertson's EstateU.S. Circuit Court for the District of Connecticut · 1903

3Cited by3 opinions

  1. Ohio Casualty Ins. Co. v. Welfare Finance Co.Court of Appeals for the Eighth Circuit · 1934
  2. Strauel v. LubeleyMissouri Court of Appeals · 1915
  3. Klie v. WellmanMissouri Court of Appeals · 1915

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