Haycraft v. Griggsby

1. Teacher and Pupil: FORMER ADJUDICATION: VERDICT RESULT OF PREJUDICE. The issues were fairly submitted to the jury, and its verdict, and judgment rendered thereon must stand, as the case was tried in accordance with the former opinion of this court. 2.--: VERDICT: JURY IMPROPERLY INFLUENCED. We do not sustain the contention that the jury was improperly influenced in any way; the affidavits filed for that purpose fail to make a suitable showing, which needs must be strong for us to interfere-with the circuit court’s action on that ground.

Appeal from Audrain Circuit Court-. — Hon. Elliott M.. Hughes, Judge. The verdict of the jury was against the evidence. The-evidence shows beyond any and all doubt that the punishment so inflicted was not only excessive but that it was most cruel and barbarous. Tbe verdict was evidently tbe result of mistake, sympathy, prejudice, bias or passion on the part of the jury, and in such cases the court will not permit such a-verdict and judgment to stand, as the appellate courts in this State have repeatedly set aside verdicts and judgments in like cases. Ohitty v. Eailroad, 148 Mo. 64; Og'lesby v. Eailroad, 150 Mo. 137. The entire law of this case was settled on the former appeal. Hayeraft v. Griggsby, 88 Mo. App. 354. On that appeal this court declared the law as follows: “The law in regard to a teacher’s right to punish a pupil is well settled in this State. The teacher has a right to inflict reasonable punishment for misconduct by whipping, but has no right to inflict unreasonable and excessive corporal punishment in that mode or any other. Nor can punishment in any degree be inflicted maliciously, namely, without just provocation. There is no such thing as reasonable punishment from a malicious motive. It must be administered for a salutary purpose — to maintain the discipline and efficiency of the school.” State v. Boyer, 70 Mo. App. 156; State ex rel. v. Eandall, 79 Mo. App. 226; Hritt v. Snodgrass, 66 Mo. 286. The instruction of the court fairly and fully presented the law on the subject.