Jennings v. Appleman
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The evidence of plaintiff’s attorney, Bruton, was inadmissible. It related to remarks made by the defendant as against the plaintiff the morning of the 15th of September, the forenoon of the day when the difficulty occurred. Evidence of threats in a case of assault is admissible on the ground that it may show who was the aggressor.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The evidence of plaintiff’s attorney, Bruton, was inadmissible. It related to remarks made by the defendant as against the plaintiff the morning of the 15th of September, the forenoon of the day when the difficulty occurred. Evidence of threats in a case of assault is admissible on the ground that it may show who was the aggressor. State v. McNally, 87 Mo. 644. But in this case the language did not constitute threats, and plaintiff admitted that he was the aggressor; and that fact had been established when witness Bruton…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of an assault and battery inflicted upon him by defendant. Plaintiff recovered and defendant prosecutes the appeal.
Both plaintiff and defendant are farmers who reside on adjoining estates. Defendant’s hogs trespassed several times upon plaintiff’s growing corn in the. field and finally plaintiff put up the hogs and detained them for the damages done. Defendant became angered at this, passed plaintiff’s house in the morning and threatened to sue him, etc., used vile language when discussing the matter, and said he would go to town and…
2Cases cited5 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Benedict v. StateWisconsin Supreme Court · 1861
- Mabrey v. Cape Girardeau & Jackson Gravel Road Co.Missouri Court of Appeals · 1902
- Goetz v. AmbsSupreme Court of Missouri · 1855
3Cited by8 opinions
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Nelson v. United Railways Co.Missouri Court of Appeals · 1913
- Mahoney v. PearceWyoming Supreme Court · 1928
- Bruce v. United Railways Co.Missouri Court of Appeals · 1913
- Helfer v. Quarry Co. Lonergan.Missouri Court of Appeals · 1921
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