Village of Nixa ex rel. Hedgpeth v. McMullin
Missouri Court of Appeals
Appeal from. Christian Circuit Oourt. — Hon. John T. Moore, Judge. The court erred in admitting evidence as to the condition of the City Prison long after the discharge of the plaintiff therefrom, for it • is too remote to shed any light upon the condition of the prison at the time plaintiff was in it, and could only tend to confuse the issues in the minds of the jury, to the prejudice of the defendants.
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Appeal from. Christian Circuit Oourt. — Hon. John T. Moore, Judge. The court erred in admitting evidence as to the condition of the City Prison long after the discharge of the plaintiff therefrom, for it • is too remote to shed any light upon the condition of the prison at the time plaintiff was in it, and could only tend to confuse the issues in the minds of the jury, to the prejudice of the defendants. Ritter v. First National Bank, 87 Mo'. 574; Furgurson v. Thacher, 79 Mo. 511; Lore v. Forge, 19 Mo. App. 368; Morrison v. Garrison, 48 Mo. App. 54; Halpin v. Manny, 57 Mo. App. 59.
1Opinion of the CourtFarrington, J.
Appellant McMullin as marshal of the village of Nixa arrested Calvin Hedgpeth, a man sixty-nine years of age, for being drunk and disorderly on the streets and confined him in a calaboose, a prison claimed to have been as dark and damp and dreary as the historic Tower of London and yet so diminutive in the sight of those who had sojourned there that it is contemptuously called the Two-by-Four.
Hedgpeth brought this action against McMullin and his bondsmen for $900 actual and $100 punitive damages, claiming, in the first count of his petition, that McMullin wrongfully and maliciously arrested…
2Cases cited5 opinions
- Clancy v. KenworthySupreme Court of Iowa · 1887
- State ex rel. Brennan v. DierkerMissouri Court of Appeals · 1903
- State ex rel. Goodin v. McDonoughMissouri Court of Appeals · 1880
- Stephenson v. SinclairCourt of Appeals of Texas · 1896
- State ex rel. Zimmerman v. SchaperMissouri Court of Appeals · 1911
3Cited by4 opinions
- Village of Barboursville Ex Rel. Bates v. TaylorWest Virginia Supreme Court · 1934
- Montague v. Missouri & Kansas Interurban Railway Co.Supreme Court of Missouri · 1924
- Miller v. OwsleySupreme Court of Missouri · 1967
- Miller v. OwsleySupreme Court of Missouri · 1967