Legal Opinion

Clark v. Hill

Missouri Court of Appeals

Decided March 9, 1897PublishedCited by 13 opinions

Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. The court should have sustained defendant’s objections to the admission of any evidence. This is an action where, if plaintiff was successful, exemplary or punitive damages are recoverable. Act 1895, sec. 1, p. 168. In all actions wherein exemplary or punitive damages are recoverable and allowed by the jury, the amount thereof shall be separately stated in the verdict.

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Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. The court should have sustained defendant’s objections to the admission of any evidence. This is an action where, if plaintiff was successful, exemplary or punitive damages are recoverable. Act 1895, sec. 1, p. 168. In all actions wherein exemplary or punitive damages are recoverable and allowed by the jury, the amount thereof shall be separately stated in the verdict. Id., sec.-2, p. 168. There was no evidence to sustain any material allegation as to the cause of the insanity of the plaintiff’s husband, nothing for the jury…

1Opinion of the CourtBond, J.

Plaintiff sues for damages for loss of support by her husband and for loss of his comfort and society, alleging that he was driven insane by threats of violence made by defendant. The answer is a general denial. There was a verdict for plaintiff for $500, from which defendant appealed.

Right of married womanwoman to main- . own name11 for loss of husband: pieadfDg: It is insisted that the court should have sustained defendant’s objection to any evidence for lack of capacity in plaintiff to sue and for failure of the petition to claim punitive damages. Each of these objections is untenable. A…

2Cases cited6 opinions

  1. Clow v. ChapmanSupreme Court of Missouri · 1894
  2. Gibson v. GibsonSupreme Court of Missouri · 1857
  3. Schlicker v. GordonMissouri Court of Appeals · 1885
  4. Larimore v. Chicago & Alton RailroadMissouri Court of Appeals · 1896
  5. Babb v. EllisSupreme Court of Missouri · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
  2. Brown v. Georgia-Tennessee Coaches, Inc.Court of Appeals of Georgia · 1953
  3. Sheard v. Oregon Electric Railway Co.Oregon Supreme Court · 1931
  4. Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
  5. Emerson v. TaylorCourt of Appeals of Maryland · 1918

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