Brubaker v. Bidstrup
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Mon. John M. Williams, Judge. The court erred in refusing to submit the defendant’s right of self-defense to the jury. Even if plaintiff’s'testimony was believed by the jury they would have been warranted in finding for the defendant on the ground of self-defense if the instruction had permitted them to do so. The law requires juries to find the facts by weighing all the testimony from whatsoever source it may come.
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Appeal from Cooper Circuit Court. — Mon. John M. Williams, Judge. The court erred in refusing to submit the defendant’s right of self-defense to the jury. Even if plaintiff’s'testimony was believed by the jury they would have been warranted in finding for the defendant on the ground of self-defense if the instruction had permitted them to do so. The law requires juries to find the facts by weighing all the testimony from whatsoever source it may come. It is not illogical for one to say to his adversary that “upon your testimony yon are not entitled to recover of me.” A defendant is entitled…
1Opinion of the CourtJohnson, J.
This is an actiqn to recover compensatory and exemplary damages for an assault alleged to have been committed on plaintiff by defendant in the night of November 13, 1909. The answer is a general denial and a plea of self-defense. The cause was submitted to the jury on instructions that authorized the assessment of exemplary as well as compensatory damages. The verdict was for plaintiff in the sum of six thousand five hundred dollars compensatory damages. After his motion for a new trial was overruled defendant brought the case here by appeal. A criminal prosecution for the assault ended in a…
2Cases cited2 opinions
- Hill v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Knorpp v. WagnerSupreme Court of Missouri · 1906
3Cited by2 opinions
- Kidd and Taylor v. LittleSupreme Court of Virginia · 1953
- Davis v. Terminal Railroad of St. LouisSupreme Court of Missouri · 1956