Dyer v. Tyrrell
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) One who aids or abets in the commission of a trespass, or participates therein or in the fruits thereof is equally liable with the principal trespasser, and is liable for the whole damage done. And the same is true of one who encourages the commission of a trespass. Canifax v. Chapman, 7 Mo. 175; Dreyer v. Ming, 23 Mo. 434; Holliday v. Jackson, 21 Mo. App. 666; Walters v. Hamilton, 75 Mo.
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Appeal from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) One who aids or abets in the commission of a trespass, or participates therein or in the fruits thereof is equally liable with the principal trespasser, and is liable for the whole damage done. And the same is true of one who encourages the commission of a trespass. Canifax v. Chapman, 7 Mo. 175; Dreyer v. Ming, 23 Mo. 434; Holliday v. Jackson, 21 Mo. App. 666; Walters v. Hamilton, 75 Mo. App. 243; Crenshaw v. Ullman, 113' Mo. 641; McManus v. Lee, 43 Mo. 206; M'cNeeldy v. Hunton, 30 Mo. 332. (2) Ignorance of the fact that…
1Opinion of the CourtCon, J.
It was admitted in this case that at the time of the trespass the title to the land from which the timber was cut was in the plaintiff. The plaintiff then introduced the following contract:
“This agreement made and entered into, this 13th day of November, 1901, by and between Sebastiano Conannanni, of M'urphysboro, 111., party of the first part and Frank Stewart, Joe V. Woods, Frank Tyrrell and George W. Karr of Timber, Mo., parties of the second part; witness, that the said party of the first part, in consideration of the sum of $400 does sell and transfer to the said parties of the second…
2Cases cited9 opinions
- Miller v. WoodwardSupreme Court of Missouri · 1843
- McMannus v. LeeSupreme Court of Missouri · 1869
- Wetzell v. WatersSupreme Court of Missouri · 1853
- Seehorn v. American National BankSupreme Court of Missouri · 1899
- Page v. FreemanSupreme Court of Missouri · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914
- Cover v. Phillips Pipe Line CompanySupreme Court of Missouri · 1970
- Cooper v. Massachusetts Bonding & InsuranceMissouri Court of Appeals · 1944
- Davidson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.