Schafer v. Ostmann
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Son. James D. Barnett, Judge. (1) The court erred in giving instructions numbered 4 and 7 at the request of the plaintiff. The vice of these instructions is that they permit plaintiff to recover against defendant, Henry Ostmann, Sr., not only for injuries inflicted by him, upon the plaintiff, but also for injuries inflicted by William Ostmann. This is not the law, unless there was evidence of their acting in concert.
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Appeal from Lincoln Circuit Court. — Son. James D. Barnett, Judge. (1) The court erred in giving instructions numbered 4 and 7 at the request of the plaintiff. The vice of these instructions is that they permit plaintiff to recover against defendant, Henry Ostmann, Sr., not only for injuries inflicted by him, upon the plaintiff, but also for injuries inflicted by William Ostmann. This is not the law, unless there was evidence of their acting in concert. Schafer v. Ostmann, 148 Mo. App. 650; State v. Meyers, 174 Mo. 352; 2 Words and Phrases Judicially Defined, p. 1386. There was no evidence…
1Opinion of the CourtAllen, J.
This is a suit by plaintiff, respondent here, for an assault and battery made upon him. The suit was instituted in the circuit court of St. Charles county, in 1905, against Henry Ostmann, Sr., appellant here, and his two sons, William Ostmann and Plenry Ostmann, Jr. Thereafter the venue in said cause was transferred from the said circuit court of St. Charles county to the circuit court of Lincoln county, Missouri. A trial was had in the latter court, before the court and a jury, resulting in a verdict in favor of plaintiff against defendants Henry Ostmann, Sr., and William Ostmann, in the sum…
2Cases cited7 opinions
- Schafer v. OstmannMissouri Court of Appeals · 1910
- State v. ValleSupreme Court of Missouri · 1901
- Willi v. LucasSupreme Court of Missouri · 1892
- Brouster v. FoxMissouri Court of Appeals · 1906
- State v. MeyersSupreme Court of Missouri · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Boswell v. CurtisMissouri Court of Appeals · 1960
- Blumenfeld v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1921
- Watters v. HaydenMissouri Court of Appeals · 1926