68 Mo. App. 318 | Mo. Ct. App. | 1897
The substantial allegations of the plaintiff1^'petition were that the defendant “with force and arms, maliciously and wantonly assaulted one Frances Mohelsky, who was then the daughter and servant of the plaintiff, an^then maliciously and wantonly debauched and carnalry knew the said Frances Mohelsky, whereby the said Frances Mohelsky became greatly distressed in mind and feeding, impairing her
There was a trial by jury, which resulted in a verdict for the plaintiff for $400 actual damages and' $600 exemplary damages, upon which judgment was rendered accordingly. The defendant has appealed.
The defendant contends that the facts alleged in the petition do not warrant the judgment for exemplary damages.
But does this rule apply in a case of this kind, where the defendant, “with force and arms, maliciously and wantonly assaulted” plaintiff’s daughter and servant and “wantonly and maliciously debauched” her? In Goets v. Ambs, 27 Mo. 28, it was said that if the act is willful or intentional, then the idea of compensation is abandoned and that of punishment is introduced. Malice must exist to entitle the plaintiff to~ anything more than a reparation for the injury, but that it will be found that the word malice is always used in such connections, not in its common acceptation of ill-will against a person, but in its legal sense — willfulness, a wrongful act done intentionally, without just cause. And in Greene v. Craig, 47 Mo. 90, it was said that exemplary damages are recoverable in an action of trespass against the person, where the injury was wantonly inflicted. Such damages are given by way of example, warning, and punishment. In Nelson v. Wallace, 48 Mo. App. loe cit. 201, it was declared that exemplary damages are recoverable where malice, violence, or wanton recklessness mingle in the controversy and form one of its chief ingredients. And to
It has been declared that the same principle which gives the master an action, when the connection causes pregnancy or sexual disease, applies when the consequences of the act is loss of health resulting in loss of service. Abraham v. Kidney, 104 Mass. 222; Blagge v. Ilsley, 127 Mass. 194; Briggs v. Evans, 5 Iredell. 16; Boyle v. Branden, 13 M. & W. 738; Manvill v. Thompson, 2 C. & P. 303; Cooley on Torts, 231.
It is therefore obvious that the rule relied on by the defendant is without application to a case of this kind. It seems to us that both upon principle and authority we are bound to hold that the facts stated in the petition are sufficient to uphold the judgment, which is accordingly affirmed.