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Missouri Revised Statutes

Mo. Rev. Stat. § 514.110 (2026)

In actions ex delicto, how awarded

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  514.110.  In actions ex delicto, how awarded. — In all actions not founded on contract, the damages claimed in the petition shall determine the jurisdiction of the court, and if the plaintiff recover any damages he shall recover his costs.

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(RSMo 1939 § 1411)

Prior revisions: 1929 § 1247; 1919 § 1699; 1909 § 2268

Notes of Decisions
Cited in 7 cases, 1954–2006 · leading case: Haley v. Byers Transp. Co., 394 S.W.2d 412 (Mo. 1965).
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Haley v. Byers Transp. Co., 394 S.W.2d 412 (Mo. 1965). · cites it 4× “Such a result is dictated by § 514.110, RSMo 1959, V.A.M.S., which provides that "if the plaintiff recover any damages he shall recover his costs.”
Gene Kauffman Scholarship Found., Inc. v. Payne, 183 S.W.3d 620 (Mo. Ct. App. 2006). · cites it 2× “01; § 514.110, RSMo 2000. Mr. Payne has not prevailed.”
Stockton v. Tester, 273 S.W.2d 783 (Mo. Ct. App. 1954). · cites it 3× “This was a suit in replevin over articles alleged to be of the value of $3,000 and which the evidence shows were sold for more than that amount.”
Jorgensen v. City of Kansas City, 725 S.W.2d 98 (Mo. Ct. App. 1987). · cites it 3× “It has been the theory and practice under § 514.110, moreover, that in actions ex delicto: “[I]f the plaintiff recover any damages he shall recover the costs.”
Patison v. Campbell, 337 S.W.2d 72 (Mo. 1960). · cites it 3× “2d 47, 51 , this court said, “Judgment for nominal damages is a substantial right since such a judgment decides the incident of costs.”
Moore v. Cordes, 19 S.W.3d 168 (Mo. Ct. App. 2000). · cites it 3× “01 - Costs - Recovery in Civil Actions; § 514.110 RSMo 1994. In this case, the jury awarded both parties money damages and assessed their comparative fault.”
Grus v. City of St. Clair, 12 S.W.3d 732 (Mo. Ct. App. 1999). “15, pursuant to §§ 514.110 and 492.590 RSMo 1994. On appeal, the City does not assert any error with respect to the award of damages but contends the court erred in awarding costs against it because such an award is barred by sovereign immunity.”
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