Parris v. Crutcher
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Hon. John Schmook, Special Judge. The court erred in its instruction on the measure of damages. Absent evidence showing permanent injuries, the court erred in permitting the jury to go into the field of speculation and assess damages for same. Wilber v. Railroad, 110 Mo. App. 689, and cases cited; Biglow v. Railroad, 48 Mo. App. 367; Cherry v. Railroad, 163 Mo.
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Appeal from Greene County Circuit Court. — Hon. John Schmook, Special Judge. The court erred in its instruction on the measure of damages. Absent evidence showing permanent injuries, the court erred in permitting the jury to go into the field of speculation and assess damages for same. Wilber v. Railroad, 110 Mo. App. 689, and cases cited; Biglow v. Railroad, 48 Mo. App. 367; Cherry v. Railroad, 163 Mo. App. 53. (1) Counsel for appellant nowhere contend in their brief that the verdict is excessive, and therefore they are not in a position to complain of instruction number 1. Shaw v. Goldman,…
1Opinion of the CourtRobertson, P. J.
The defendant and plaintiff’s husband engaged in a fight at the Parris home which terminated in the defendant calling for “mamma” (his wife) who was near and who pulled the plaintiff’s husband off of the defendant. The defendant as a result of the altercation received the usual black eyes, scratches and bruises. In the preliminary skirmishes the plaintiff appeared and undertook to prevent any trouble and the defendant grabbed her by the throat, as the testimony tends to prove, and knocked her off of the porch backward, as the result of which she claims to have received injuries for which she…
2Cases cited3 opinions
- Stid v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- State v. SpiveySupreme Court of Missouri · 1905
- State v. KimmelMissouri Court of Appeals · 1911
3Cited by3 opinions
- State v. JonesSupreme Court of Missouri · 1924
- State v. CookMissouri Court of Appeals · 1984
- State v. AndersonCourt of Appeals of Arizona · 1991