# Samuels v. Illinois Fire Insurance Company

> Missouri Court of Appeals · February 5, 1962 · 354 S.W.2d 352

URL: https://www.frixlaw.com/law-library/cases/9762619

## Case

- **Full name:** Willie S. SAMUELS and Alma Jean Samuels, Plaintiffs-Respondents, v. ILLINOIS FIRE INSURANCE COMPANY, a Corporation, Defendant-Appellant
- **Court:** Missouri Court of Appeals
- **Decided:** February 5, 1962
- **Citations:** 354 S.W.2d 352
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Cross
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9762619

## Opinion text

ON MOTION FOR REHEARING
PER CURIAM.
In appellant’s motion for rehearing or in the alternative for transfer to the Supreme Court, it is contended for the first time that plaintiff’s Instruction I (relative to the measure of damages) is erroneous because it places no limitation on the amount plaintiff could recover for loss of rentals and allowed the jury to assess damages in a sum representing the reasonable rental value of the property from the date repairs could have been reasonably completed to the date of the trial. Defendant argues that the instruction should have limited the award to the sum of $500.00 — the amount stated in the petition as the total amount of lost rentals up to the date of its filing.
The foregoing assignment comes too late for consideration. No specific objection was made to Instruction No. I for the reasons now urged, either at the trial or in defendant’s motion for a new trial, and no-point concerning the alleged error was contained in defendant’s brief or made in oral-argument. For those reasons, we now decline to consider the assignment. The motion otherwise is considered and overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9762619. Public record. Not legal advice.