Smith v. Schoene
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. In this state, in a suit for damages for a tort committed by the wife in the presence of her husband, she is presumed to act under his coercion, and such presumption is conclusive, and not rebuttable.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. In this state, in a suit for damages for a tort committed by the wife in the presence of her husband, she is presumed to act under his coercion, and such presumption is conclusive, and not rebuttable. Mc-Keon v. Johnson, 1 McCord, 578; Meegan v. Gunsollis, 19 Mo. 418; Alexander v. LydicJc, 80 Id. 340; Merrill v. City of St. Louis, 83 Id. 255. There is no error in plaintiff’s instruction number 1. State' v. Ma Foo, 110 Mo. 15; Noland v. Trober, 49 Md. 468; Clow v. Chapman, 125 Mo. 101-108; R. S. 1889, sec. '3940; Cassin…
1Opinion of the CourtBiggs, J.
Is a married woman answerable in a civil action for an assault made by herself and husband jointly? That is the main question arising for our decision under this record.
The plaintiff claims that the defendants, who are husband and wife, assaulted him and broke his leg. He has sued them in this action for the injuries. His evidence tended to prove that the wife without provocation began the assault in the absence of her husband; that a moment afterward the latter appeared on the scene and joined in the affray, andthatthey knocked the plaintiff down and broke one of his legs in two places.
The…
2Cases cited7 opinions
- Dailey v. HoustonSupreme Court of Missouri · 1874
- State v. Ma FooSupreme Court of Missouri · 1892
- Alexander v. LydickSupreme Court of Missouri · 1883
- Handy v. FoleyMassachusetts Supreme Judicial Court · 1876
- Wagener v. BillNew York Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. MurraySupreme Court of Missouri · 1926
- Matter of NataleMissouri Court of Appeals · 1975
- Peter Joseph O'Donnell Et Ux. v. StateCourt of Criminal Appeals of Oklahoma · 1941
- Caldwell v. StateIndiana Supreme Court · 1922