Nelson v. Foster
Supreme Court of Missouri
Appeal from St. Francois'Circuit Court. — IIon. Louis F. Dinning, Judge. . The court below committed error in directing the jury orally, that they could disregard the evidence which had been admitted without objection, in relation to defendant’s character; also in giving the third instruction for defendant.
1Opinion of the CourtHenry, J.
— Plaintiff, appellant, sued the defendant for damages for an assault and battery. The verdict was for defendant, and from the judgment thereon plaintiff’ appeals. The plaintiff, as a witness, in his testimony, threw all the blame of the conflict upon defendant, but the weight of evidence was to the effect that plaintiff first assaulted defendant with a cane, choked him, and had him down on the floor in a saloon, when his finger was severely bitten by defendant. The only attempted corroboration of plaintiff’s version of the difficulty, and it amounted to no corroboration, was the testimony of…
2Cited by6 opinions
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Wagner v. Edison Electric Illuminating Co.Supreme Court of Missouri · 1903
- Bradford v. FloydSupreme Court of Missouri · 1883
- Corrigan & Waters v. BradyMissouri Court of Appeals · 1890
- Wagner v. Edison Electric Illuminating Co.Missouri Court of Appeals · 1900
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