Cookman v. Nill
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Hon. W. W. Bucher, Judge. (1) The court erred in overruling defendant’s objection to the introduction of any evidence in support of plaintiff’s complaint. English v. Railway, 73 Mo. App. 232; Sutherland on Damages, p. 17. There must be a value to property before there can be damages measured by dollars, and in this case there is neither pleading nor proof that this property had any value.
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Appeal from the Sullivan Circuit Court. — Hon. W. W. Bucher, Judge. (1) The court erred in overruling defendant’s objection to the introduction of any evidence in support of plaintiff’s complaint. English v. Railway, 73 Mo. App. 232; Sutherland on Damages, p. 17. There must be a value to property before there can be damages measured by dollars, and in this case there is neither pleading nor proof that this property had any value. (2) The court erred in overruling defendant’s demurrer to plaintiff’s evidence, and at the close of the whole case. (3) The measure of damages in this case is the…
1Opinion of the CourtEllison, J.
This action is based on section 8682, Revised Statutes 1889. The complainant charges defendant with wantonly injuring his horse and his buggy. The verdict in the trial court was for plaintiff, which was doubled by the court on plaintiff’s motion.
It appears that on the night of October 80, 1897, there was a celebration in the town of Milan and that the streets were crowded with people, many of whom were shouting, throwing com and beans and shooting fire-crackers and Roman candles. That plaintiff’s son had driven a team and buggy into town from his home in the country and put it up in a livery…
2Cases cited5 opinions
- Streett v. LaumierSupreme Court of Missouri · 1864
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Hoffman v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- Shaw v. Missouri & Kansas Dairy Co.Missouri Court of Appeals · 1894
- English v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1898
3Cited by1 opinion
- Morris v. MattinglyMissouri Court of Appeals · 1920