Bosch v. Miller

Decided March 29, 1909

Missouri Court of Appeals · decided 1909-03-29

— Hon. James H. Slover, Judge. (1) Plaintiff’s testimony not only fails to affirmatively show malice and want of probable cause, but affirmatively shows probable cause. Van Sickle v. Brown, 68 Mo. 637; Wise v. M’cNichols, 63 Mo. App. 144; Christian y. Hanna, 58 Mo. App. 46; Grant v. Reinhart, 33 Mo. App. 80; Osborne v. Moore, 12 La. Ann. 714; Mosley v. Yearwood, 48 La.

Cited by 2 later decisions — most recently October 1962

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded, nisi · Decided 1909-03-29

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¶1ON MOTION FOR REHEARING.

JOHNSON, J.

¶2A re-examination of this case convinces us that the decisive issues were fully and correctly decided in the opinion filed and the motions for rehearing are overruled.

¶3 *494In view of tbe expressed desire of plaintiff to ■enter a remittitur of tbe punitive damages, we bave decided to set aside tbe order reversing tbe judgment and remanding tbe cause. If, witbin ten days, tbe plaintiff shall file a remittitur in tbe amount awarded by tbe jury as punitive damages, tbe judgment will be affirmed; otherwise it will be reversed and tbe cause remanded.

All concur.