measure of damages instruction (Missouri) · Go Syfert
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measure of damages instruction in Missouri

13 Missouri opinions name it 2 courts 1885–1978 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Matulunas v. Bakergreen
moctapp · 1978 · cited in 1 Missouri opinions naming this issue, 1978–1978
1 sentence

1978See Notes on Use and Matulunas v. Baker, 569 S.W.2d 791 (Mo.App.1978). 6 .

11
North Nishnabotna Drainage District v. Morgangreen
mo · 1929 · cited in 1 Missouri opinions naming this issue, 1963–1963
2 sentences

1963North Nishnabotna Drainage Dist. v. Morgan, 323 Mo. 1 , 18 S.W.2d 438, 440 [4], The Morgan case held a measure of damages instruction erroneous which directed the jury that no damages should be allowed if the remaining land was as valuable after the taking as it was before.

1963North Nishnabotna Drainage Dist. v. Morgan, 323 Mo. 1 , 18 S.W.2d 438, 440 [4], The Morgan case held a measure of damages instruction erroneous which directed the jury that no damages should be allowed if the remaining land was as valuable after the taking as it was before.

11
Davidson v. St. Louis Transit Co.green
mo · 1908 · cited in 1 Missouri opinions naming this issue, 1941–1941
1 sentence

1941The instruction was clearly erroneous. [Chilcutt v. LeClair, 119 S. W. (2d) 1 ; Davidson v. Transit Co., 211 Mo. 320, 344, 345, 346 .] The defendant Coe also makes the point that the measure of damages instruction was erroneous as to him.

11
Powell v. Union Pacific Railroadgreen
mo · 1914 · cited in 1 Missouri opinions naming this issue, 1934–1934
2 sentences

1934In the case of Powell v. Railroad, 255 Mo. 420, 456, 457, 458 , 164 S. W. 628 , this court, again speaking through Judge Lamm, reiterated the view expressfed in the Mulhall case, that the statute was permissive, and further said that “a party had the option to ask or not ask instructions; that the court owed no duty to either party to give instructions either on its own initiative or in lieu of those refused. . . .

1934In the case of Powell v. Railroad, 255 Mo. 420, 456, 457, 458 , 164 S. W. 628 , this court, again speaking through Judge Lamm, reiterated the view expressfed in the Mulhall case, that the statute was permissive, and further said that “a party had the option to ask or not ask instructions; that the court owed no duty to either party to give instructions either on its own initiative or in lieu of those refused. . . .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Smith v. Old Warson Development Company green
mo · 1972
1 sentence

1978In Smith v. Old Warson Development Company, 479 S.W.2d 795 (Mo. banc 1972), discussed previously in this opinion, the court at p. 798 said: “In addition to the use of the theory of implied warranty to recover for personal injuries or property damage, the doctrine has also been successfully utilized to recover the difference between the value of the product as warranted and its actual value.” Missouri courts have dealt with the use of the appropriate measure of damages in cases involving the breach of a construction contract.

11978–1978
Jurgeson v. Romine green
moctapp · 1969
1 sentence

1971In Jurgeson v. Romine, supra, the ultimate issue was whether defendant caused plaintiff’s land to be flooded.

11971–1971
Miller v. Ranson and Company green
moctapp · 1966
1 sentence

1969In Miller v. Ranson & Co., Mo.App., 407 S.W.2d 48 , a suit to recover commissions, the word “occurrence” is not used in the measure of damages instruction.

11969–1969
Martin v. Kansas City green
mo · 1960
1 sentence

1964Instruction D-3 on the measure of damages authorized such an award as “will fairly and reasonably compensate them for their losses, if any, which they sustained as a direct result of the breach of warranties íjC 2¡S ‡ J) In Martin v. Kansas City, Missouri, Mo., 340 S.W.2d 645, 650 , the measure of damages instruction was phrased this way: “ * * * in such a lump sum ‘as will reasonably and justly pay or compensate him for the injuries and conditions directly resulting from the negligence of the defendant * * * ’ ”.

11964–1964
Koblin v. Green neutral
nyappdiv · 1942
1 sentence

1954Koblin v. Green, 265 App.Div. 972, 38 , N.Y.S.2d 968; Dean v. Root, Sup., 62 N.Y.S.2d 33 Lessee makes the further point that the measure of damages instruction was erroneous.

11954–1954
Girratono v. Kansas City Public Service Co. green
mo · 1952
2 sentences

1954Appellant relies on the cases of Vogelgesang v. Waelder, Mo.App., 238 S.W.2d 849, 856-7 , and Girratono v. Kansas City Public Service Co., 363 Mo. 359 , 251 S.W.2d 59, 65 , holding that doctor’s and hospital bills, or “necessary expenses * * * for medical attention” may not be submitted for consideration by the jury in a measure of damages instruction, without basis in the evidence.

1954Appellant relies on the cases of Vogelgesang v. Waelder, Mo.App., 238 S.W.2d 849, 856-7 , and Girratono v. Kansas City Public Service Co., 363 Mo. 359 , 251 S.W.2d 59, 65 , holding that doctor’s and hospital bills, or “necessary expenses * * * for medical attention” may not be submitted for consideration by the jury in a measure of damages instruction, without basis in the evidence.

11954–1954
Vogelgesang v. Wälder green
moctapp · 1951
1 sentence

1954Appellant relies on the cases of Vogelgesang v. Waelder, Mo.App., 238 S.W.2d 849, 856-7 , and Girratono v. Kansas City Public Service Co., 363 Mo. 359 , 251 S.W.2d 59, 65 , holding that doctor’s and hospital bills, or “necessary expenses * * * for medical attention” may not be submitted for consideration by the jury in a measure of damages instruction, without basis in the evidence.

11954–1954
Prince v. Kansas City Southern Railway Co. green
mo · 1950
1 sentence

1953Co., supra, 229 S.W.2d 568, 575 , and certain other cases cited therein.

11953–1953
Littig v. Urbauer-Atwood Heating Co. green
mo · 1922
2 sentences

1943In Roemer v. Wells (Mo. App.), 257 S.W. 1056 , 1057[3], plaintiff's case was submitted on a measure of damages instruction alone, and defendant's instruction conditioning recovery upon plaintiff establishing two distinct charges of negligence, either of which would have sustained a recovery, obviously placed too great a burden on plaintiff, which unnecessary burden plaintiff had not assumed. [369] In Littig v. Urbauer-Atwood Heating Co., 292 Mo. 226 , 244 (IV), 237 S.W. 779 , 784[7], and Williams v. Tucker (Mo. App.), 224 S.W. 21 [1, 2], the instructions referred the jury to the pleadings.

1943In Roemer v. Wells (Mo. App.), 257 S.W. 1056 , 1057[3], plaintiff's case was submitted on a measure of damages instruction alone, and defendant's instruction conditioning recovery upon plaintiff establishing two distinct charges of negligence, either of which would have sustained a recovery, obviously placed too great a burden on plaintiff, which unnecessary burden plaintiff had not assumed. [369] In Littig v. Urbauer-Atwood Heating Co., 292 Mo. 226 , 244 (IV), 237 S.W. 779 , 784[7], and Williams v. Tucker (Mo. App.), 224 S.W. 21 [1, 2], the instructions referred the jury to the pleadings.

11943–1943
Morgan v. Mulhall green
mo · 1908
2 sentences

1934Nor should counsel cast the burden upon a trial judge to draw such an instruction.” These words of admonition apparently fell on deaf ears because subsequent complaints that plaintiff’s submission on a measure of damages instruction only was prejudicial error were *1086 generally in effect met with the aphorism announced in Morgan v. Mulhall, 214 Mo. 451, 463 , 114 S. W. 4 , and drawn from earlier cases, that “mere non-direction is not misdirection.” [Sullivan v. St.

1934Nor should counsel cast the burden upon a trial judge to draw such an instruction.” These words of admonition apparently fell on deaf ears because subsequent complaints that plaintiff’s submission on a measure of damages instruction only was prejudicial error were *1086 generally in effect met with the aphorism announced in Morgan v. Mulhall, 214 Mo. 451, 463 , 114 S. W. 4 , and drawn from earlier cases, that “mere non-direction is not misdirection.” [Sullivan v. St.

11934–1934
Finney v. Berry green
mo · 1875
1 sentence

1885Pinney v. Berry, 61 Mo. 359 .

11885–1885

Where else courts name it

MO 13 (1885–1978) GA 5 (1916–1980) PA 3 (1913–1944) WA 3 (1981–2013) KS 2 (1981–1985) TX 2 (2006–2006) AZ 2 (1968–2021) AL 2 (1915–2012) OK 2 (1928–1978)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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