Gibeline v. Smith
Missouri Court of Appeals
Appeal from Jackson Circuit Court.— Eon. James Gibson, Judge. (1) The court erred in its instruction given at the instance of the defendant. * ‘ There may he an actionable assault and battery without .any actual or specific intent to commit that offense.” Mercer v. Corbin, 117 Ind. 450; Ricker v. Freeman, 50 N. H. 420, 9 Am. Rep. 267; Welch v. Durand, 36 Conn. 182; Frank v. Avery, 21 Wis. 173; Peterson v. Hoffman, 59 Ind. 130; O’Brien v. Loomis, 43 Mo.
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Appeal from Jackson Circuit Court.— Eon. James Gibson, Judge. (1) The court erred in its instruction given at the instance of the defendant. * ‘ There may he an actionable assault and battery without .any actual or specific intent to commit that offense.” Mercer v. Corbin, 117 Ind. 450; Ricker v. Freeman, 50 N. H. 420, 9 Am. Rep. 267; Welch v. Durand, 36 Conn. 182; Frank v. Avery, 21 Wis. 173; Peterson v. Hoffman, 59 Ind. 130; O’Brien v. Loomis, 43 Mo. App. 35; Grain Co. v. Brubacker & Co., 8.9 Mo. App. 1; Holman v. Bachus, 73 Mo. 49; Hoyberg v. Henske, 153 Mo. 74; Markley v. Whitman, 95…
1Opinion of the CourtEllison, J.
This is an action for assault and battery in which the verdict and judgment was for the defendant.
It appears that defendant was a collector in Kansas City for a brewery and that he drove around to the different saloons, one or more times a week, to collect accounts arising from the sale of beer. Plaintiff kept a lunch counter in one of these saloons. He and defendant had been friends for near nine years and were in the "habit, when meeting, of joking one another and scuffling together in a playful way. They were both large, robust men, and though indulging in rough good humor and loud…
2Cases cited7 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Welch v. DurandSupreme Court of Connecticut · 1869
- Mercer v. CorbinIndiana Supreme Court · 1889
- Conway v. ReedSupreme Court of Missouri · 1877
- Anderson v. Arnold's ex'rCourt of Appeals of Kentucky · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jenkins v. North Carolina Department of Motor VehiclesSupreme Court of North Carolina · 1956
- Martin v. YeohamMissouri Court of Appeals · 1967
- Hellriegel v. ThollWashington Supreme Court · 1966
- Schooler v. ArringtonMissouri Court of Appeals · 1904
- Miller v. KruetzMissouri Court of Appeals · 1982
4 more not listed; retrieve them via the Exa API.