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Missouri Revised Statutes

Mo. Rev. Stat. § 510.270 (2026)

Jury shall assess amount of money of recovery, when

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  510.270.  Jury shall assess amount of money of recovery, when. — When a verdict shall be found for the plaintiff in an action for the recovery of money only, the jury shall also assess the amount of the recovery; so, also, if they find for the defendant in case of offsets or other demand for money.  When exemplary or punitive damages are allowed by the jury, the amount thereof shall be separately stated in the verdict.

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(RSMo 1939 §§ 919, 1124, A.L. 1943 p. 353 § 111)

Prior revisions: 1929 §§ 767, 973; 1919 §§ 1223, 1423; 1909 §§ 1797, 1993

Notes of Decisions
Cited in 15 cases, 1952–2016 · leading case: C & M Developers, Inc. v. Berbiglia, Inc., 585 S.W.2d 176 (Mo. Ct. App. 1979).
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C & M Developers, Inc. v. Berbiglia, Inc., 585 S.W.2d 176 (Mo. Ct. App. 1979). · cites it 3× “02), and Section 510.270, RSMo 1949 (now embodied in Rule 71.”
Child. Int'l v. Ammon Painting Co., 215 S.W.3d 194 (Mo. Ct. App. 2006). · cites it 2× “5 While the purpose of these inapplicable and required instances of seeking itemized damages is partially to comply with section 510.270, requiring itemized damages when punitive damages are sought, it also is used by the court to spot jury error and misunderstanding.”
City of St. Louis v. Vasquez, 341 S.W.2d 839 (Mo. 1960). · cites it 3× “1, § 26, provides that the just compensation to which a property owner is entitled for the taking of private property for public use “shall be ascertained by a jury * * *, in such manner as may be provided by law; ■* * Section 510.270, RSMo 1949, V.A.M.S. provides that in…”
Baker v. Atkins, 258 S.W.2d 16 (Mo. Ct. App. 1953). · cites it 3× “Section 510.270, RSMo 1949, V.A.M.S., provides that "When exemplary or punitive damages are allowed by the jury, the amount thereof shall be separately stated in the verdict"; but this statute has no application here.”
Rotermund v. Basic Materials Co., 558 S.W.2d 688 (Mo. Ct. App. 1977). · cites it 2× “§ 510.270 RSMo.1969. However, the proposition that the measure of damages is solely within the province of the jury begs the initial question of whether, as a matter of law, the issue of damages may be presented to the jury at all.”
Contestible v. Brookshire, 355 S.W.2d 36 (Mo. 1962). · cites it 3× “” Section 510.270 RSMo 1949, V.A.M.S., provides that “ * * * When exemplary or punitive damages are allowed by the jury, the amount thereof shall be separately stated in the verdict.”
Acy v. Inland Sec. Co., 287 S.W.2d 347 (Mo. Ct. App. 1956). · cites it 3× “4 the jury was only authorized to allow interest from May 26, 1951 (the date the suit was filed).”
State ex rel. State High. Comm'n v. Green, 305 S.W.2d 688 (Mo. 1957). · cites it 2× “” Section 510.270. In note cases it has been repeatedly held that when the verdict allowed no interest and contained no indication of an intention on the part of the jury to allow interest, the court, after discharge of the jury, was powerless to fix the amount of interest or…”
Edmisten v. Dousette, 334 S.W.2d 746 (Mo. Ct. App. 1960). · cites it 2× “” We note preliminarily that, notwithstanding the fact that actual and punitive damages were pleaded in the second count and were submitted in the only verdict-directing instruction on this count, and notwithstanding the plain statutory mandate that “(w)hen exemplary or punitive…”
Allison v. Mountjoy, 383 S.W.2d 314 (Mo. Ct. App. 1964). · cites it 2× “(formerly statute Section 510.270, V.A.M.S.) which provides in part, “When a verdict shall be found for the plaintiff in an action for the recovery of money only, the jury shall also assess the amount of the recovery * * In line with the statute is the general rule that in suits…”
State ex rel. State High. Comm'n v. Vorhof-Duenke Co., 366 S.W.2d 329 (Mo. 1963). “See also § 510.270. No authority has been cited and we have found' none exempting condemnation cases from the instruction practice applicable to similar issues in other civil actions.”
Jaeger v. Agnew, 252 S.W.2d 847 (Mo. Ct. App. 1952). · cites it 2× “Sections 510.190, 510.260. Under the Code, when the verdict in such a case is in favor of the claimant for recovery of money, the amount of the recovery must be assessed by the jury.”
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