Legal Opinion

Haycraft v. Grigsby

Missouri Court of Appeals

Decided April 9, 1901PublishedCited by 7 opinions

Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. » STATEMENT OE THE CASE. The defendant, Dollie Grigsby, was the teacher and the other defendants, James Thomas and Ollie Weller, were the directors of a public school in Audrain county. The plaintiff, a lad eleven years old at the time of the alleged assault which is the subject-matter of this action, was a pupil of the school.

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Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. » STATEMENT OE THE CASE. The defendant, Dollie Grigsby, was the teacher and the other defendants, James Thomas and Ollie Weller, were the directors of a public school in Audrain county. The plaintiff, a lad eleven years old at the time of the alleged assault which is the subject-matter of this action, was a pupil of the school. He was severely flogged on the tenth day of January, 1900. This action is to recover damages for his injuries on the theory that, the punishment was cruel as well as maliciously inflicted. The two…

1Opinion of the CourtGoode, J.

Without setting out in detail the excluded evidence, suffice it to say all of it was clearly immaterial and had no tendency to prove or disprove any issue made by the pleadings. Misunderstandings between the teacher and other pupils, or her good or ill success in other districts, could not possibly be relevant in this case, which must stand on its own facts. If such side issues had to be heard, -trials would be never-ending.

*359The jury were voluminously instructed — superfluously so. We can not incumber this opinion with a recital of all the given and refused instructions, and will only notice…

2Cases cited20 opinions

  1. Barr v. City of KansasSupreme Court of Missouri · 1891
  2. Gray v. McDonaldSupreme Court of Missouri · 1891
  3. Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
  4. Morton v. HeidornSupreme Court of Missouri · 1896
  5. Myers v. City of KansasSupreme Court of Missouri · 1891

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3Cited by7 opinions

  1. Wilson v. MurchMissouri Court of Appeals · 1962
  2. Dix ex rel. Younger v. MartinMissouri Court of Appeals · 1913
  3. Cook Ex Rel. Bard v. CookMissouri Court of Appeals · 1939
  4. Swoboda v. NowakMissouri Court of Appeals · 1923
  5. Streeter v. HundleySupreme Court of Missouri · 1979

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