Pierce v. Carpenter
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. Eudolph Hirzel, Judge. It was not necessary to plead the matters of aggravation.
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Appeal from the St. Louis County Circuit Court. — Hon. Eudolph Hirzel, Judge. It was not necessary to plead the matters of aggravation. The allegation that the assault was unlawfully made entitled the appellant to the award of exemplary or punitive damages, if the evidence justified it, and for this reason the instruction offered by appellant and given by the court did not enlarge the issues, but, on the contrary, was fully justified by the pleadings and the evidence introduced without objection under them. 1 Chitty, Pleading, 428; Whittlesey’s Missouri Practice, sec. 127; 1 McQuillin’s…
1Opinion of the CourtBiggs, J.
This is an action for damages by Sarah M. Pierce, in which her husband joins. In her amended petition she charges “that on the second day of August, A. D. 1892, defendant, without just cause or provocation, willfully, wrongfully and unlawfully, assaulted, *192beat and wounded the plaintiff, Sarah M. Pierce, and made her suffer great pain and anguish both in body and mind; that, by reason of the premises, plaintiffs have been damaged in the sum of five thousand dollars,” etc. On the trial of the cause the plaintiffs’ evidence tended to prove that on the day mentioned the defendant forcibly kissed…
2Cases cited4 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Dailey v. HoustonSupreme Court of Missouri · 1874
- Wilkinson v. DrewSupreme Judicial Court of Maine · 1883
- Howard v. LillardMissouri Court of Appeals · 1885
3Cited by3 opinions
- Wilson v. HallWyoming Supreme Court · 1926
- Baxter v. MagillMissouri Court of Appeals · 1907
- Booher v. TrainerMissouri Court of Appeals · 1913