Legal Opinion

Yeager v. Berry

Missouri Court of Appeals

Decided February 5, 1900PublishedCited by 6 opinions

Appeal from the Jackson Circuit Court. — Son. J. S. Slover, Judge. (1) The court erred in refusing to give instructions for defendant. Murphy v. Dott, 42 How. Prac. 31; 1 Am. and Eng. Ency. of Law [1 Ed.], 786; Gray v. McDonald, 28 Mo. App. 488; Nichols v. "Winfrey, 79 Mo. 548. (2) The court erred in giving instructions for plaintiff.

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Appeal from the Jackson Circuit Court. — Son. J. S. Slover, Judge. (1) The court erred in refusing to give instructions for defendant. Murphy v. Dott, 42 How. Prac. 31; 1 Am. and Eng. Ency. of Law [1 Ed.], 786; Gray v. McDonald, 28 Mo. App. 488; Nichols v. "Winfrey, 79 Mo. 548. (2) The court erred in giving instructions for plaintiff. Morgan v. Durfee, 69 Mo. 476; Brownbach v. Erailey, 78 111. App. 262; State v. Palmer, 88 Mo. 572; Burke v. Melvin, 45 Conn. 243; Prentiss v. Shaw, 56 Maine, 427. (1) It is proper to instruct that insults, etc., do' not justify 'an assault. H defendant wishes an…

1Opinion of the CourtEllison, J.

This is an -action for assault and battery in which plaintiff recovered in the trial -court.

The petition- prayed for compensatory damages in the sum of $3,000; and for punitive damages in the sum of. $2,000. The evidence for plaintiff tended to pr-ove an aggravated assault. The evidence for defendant tended to show mitigating circumstances, -and also tended to show self-defense — that he did not intend to injure plaintiff and only attempted to prevent plaintiff from assaulting him; that plaintiff had previously threatened him and at the time -of the difficulty w-as abusive.

In this state of…

2Cases cited1 opinion

  1. Hayes v. WernerSupreme Court of Connecticut · 1877

3Cited by6 opinions

  1. Fordyce v. MontgomeryMissouri Court of Appeals · 1968
  2. Mitchell v. United Railways Co.Missouri Court of Appeals · 1907
  3. Wingate v. BuntonMissouri Court of Appeals · 1916
  4. Randell v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
  5. Uptegrove v. WalkerMissouri Court of Appeals · 1928

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