Nichols v. Winfrey
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Jonas J. Clark, Esq., Special Judge. (1) The court erred in admitting evidence tending to show that deceased was intoxicated, and that he had obtained his liquor of defendant. Nichols ©. Winfrey, 79 Mo. 553. (2) The court erred iu giving plaintiffs’ first, second, third, fourth, fifth, sixth, eighth and ninth instructions. All these instructions ignore defendant’s “right to protect his dominion over his own house.”
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Appeal from Livingston Circuit Court. — Jonas J. Clark, Esq., Special Judge. (1) The court erred in admitting evidence tending to show that deceased was intoxicated, and that he had obtained his liquor of defendant. Nichols ©. Winfrey, 79 Mo. 553. (2) The court erred iu giving plaintiffs’ first, second, third, fourth, fifth, sixth, eighth and ninth instructions. All these instructions ignore defendant’s “right to protect his dominion over his own house.” Nichols x>. Winfrey, supra. (3) The court erred in refusing defendant’s seventh, ninth, tenth, twelfth and thirteenth instructions. These…
1Opinion of the Court
Black, J. —
This suit was commenced by the plaintiff, Josephine, to recover damages for the wrongful killing of her former husband, James Steinbeck. The case was here before and is reported in 79 Mo. 544.
The evidence now shows that deceased and two or three other persons arrived at the village of Cunningham at 11: 30 in the forenoon, and between that and three *406o’ clock in the afternoon of the same day drank at the defendant’s saloon from sixteen to nineteen times. At last defendant refused to sell them any more whiskey. Steinbeck and the others agreed to go home, if defendant would treat the…
2Cases cited1 opinion
- Nichols v. WinfreySupreme Court of Missouri · 1883
3Cited by7 opinions
- Harrell v. StateSupreme Court of Alabama · 1910
- State v. HeistandSupreme Court of Missouri · 1986
- Askew v. StateSupreme Court of Alabama · 1891
- Gray Ex Rel. Gray v. EarlsSupreme Court of Missouri · 1923
- Burns v. ColleyMissouri Court of Appeals · 1928
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