State ex rel. Ostmann v. Hines
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Mon. James D. Barnett, Judge. (1) The court erred in giving to the jury instruction No. 9 on behalf of defendants. The instruction is erroneous in that it places the burden on plaintiff to disprove the plea of justification set up in the answer.
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Appeal from Lincoln Circuit Court. — Mon. James D. Barnett, Judge. (1) The court erred in giving to the jury instruction No. 9 on behalf of defendants. The instruction is erroneous in that it places the burden on plaintiff to disprove the plea of justification set up in the answer. The answer admits the beating of plaintiff with fists and billy and undertakes to justify this violence by alleging resistance on the part of the plaintiff and that the beating was necessary to overcome the resistance and to protect the officers against plaintiff’s assault. This was an affirmative defense. The…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued to relator as a result of an assault and battery. The finding and judgment were for defendants and relator prosecutes the appeal. The suit proceeds against defendant Hines as sheriff and the American Bonding Company, the surety on his official bond, as for an unlawful assault under color of his office. The testimony on the part of the relator tended to prove that while he, in company with his son, a grown man, *292was walking down a street in the city of St. Charles, the- defendant sheriff, together with his deputy Kelsick, accosted him with the…
2Cases cited3 opinions
- Nichols v. WinfreySupreme Court of Missouri · 1883
- Orscheln v. ScottCourt of Appeals of Kansas · 1901
- Johnson v. DailyMissouri Court of Appeals · 1909
3Cited by6 opinions
- Ash-har Quraishi v. Deputy Michael AndersonCourt of Appeals for the Eighth Circuit · 2021
- Edward Schoettle v. Jefferson CountyCourt of Appeals for the Eighth Circuit · 2015
- Neal v. HelblingMissouri Court of Appeals · 1987
- Modesett v. EmmonsTexas Commission of Appeals · 1927
- Conway v. Kansas City Public Service Co.Missouri Court of Appeals · 1938
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