Brouster v. Fox
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court.— Horn John W. MoHlhinney, Judge. (1) The refusal of appellants’ instruction numbered 6 on the question of the conductor’s arousing and further precipitating the fight against him by his commission of willfully, criminal or tortious acts of personal excessive violence, instead of mere contributory negligence, was the ignorment of a principle of distinction well recognized in law, and was fatally injurious to the appellants’ rights,…
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Appeal from St. Louis County Circuit Court.— Horn John W. MoHlhinney, Judge. (1) The refusal of appellants’ instruction numbered 6 on the question of the conductor’s arousing and further precipitating the fight against him by his commission of willfully, criminal or tortious acts of personal excessive violence, instead of mere contributory negligence, was the ignorment of a principle of distinction well recognized in law, and was fatally injurious to the appellants’ rights, more especially when this defense of contributory positive wrong was specifically pleaded. Besenedker v. Sale, 8 Mo.…
1Opinion of the CourtNortoni, J.
(after stating the facts).
1. It is insisted that the court erred in modifying appellants’ instruction by striking out the words, “to do' or cause to plaintiff such same or similar injuries which said third person did him,” and inserting in lieu thereof the words, “or encouraging or inviting him by their conduct to act with them in doing bodily harm to the plaintiff.” It is a well-settled principle that all persons, present and participating in an act of this nature, by either words of counsel and advice or gestures, looks or signs, or who *723may in any way, or by any means, countenance and…
2Cases cited18 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. HickamSupreme Court of Missouri · 1888
- State v. ReedSupreme Court of Missouri · 1897
- McMannus v. LeeSupreme Court of Missouri · 1869
- Cooper v. JohnsonSupreme Court of Missouri · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. ParkerMissouri Court of Appeals · 1964
- State v. GrierMissouri Court of Appeals · 1980
- Brown v. BarrMissouri Court of Appeals · 1914
- Custer v. KroegerMissouri Court of Appeals · 1922
- Schafer v. OstmannMissouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.