Thummel v. Surplus
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — lion. William G. Ellison, Judge. (1) The court erred in giving defendant’s instruction 1. This instruction is error, for it told the jury that the “Plaintiff approached the defendant and used violent and threatening language and in an angry and threatening manner,” and there was evidence that the plaintiff used any violent language or threatening language, or was even angry.
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Appeal from Nodaway Circuit Court. — lion. William G. Ellison, Judge. (1) The court erred in giving defendant’s instruction 1. This instruction is error, for it told the jury that the “Plaintiff approached the defendant and used violent and threatening language and in an angry and threatening manner,” and there was evidence that the plaintiff used any violent language or threatening language, or was even angry. Felver v. Bail-road, 216 Mo. 195; Dee v. Nachbar, 207 Mo. 680. (2) The court erred in giving defendant’s instruction 2. This record shows there was no self-defense in this ease.…
1Opinion of the Court
BROWN, C.
Suit for damages from assault and battery committed July 22, 1907. Tbe defense pleaded was son assault demesne. The evidence showed that the plaintiff and defendant were both farmers and neighbors living in Nodaway county. In addition to the farm on which he was living the plaintiff had another near by, upon which a woman named Mrs. Jocelyn had been living that summer and had planted a vegetable garden, which contained- some potatoes which had attained the esculent age. Mrs. Jocelyn, being about to leave this particular field of her activities, Mrs. Surplus, the wife of defendant,…
2Cases cited3 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Rourke v. Holmes Street Railway Co.Supreme Court of Missouri · 1909
- Barr v. HaysMissouri Court of Appeals · 1913
3Cited by1 opinion
- Young v. EmmkeMissouri Court of Appeals · 1922