Claxton v. Pool
Missouri Court of Appeals
Appeal fr.om Wright County Circuit Court. — Eon. G. E. Skinker, Judge. (1) The petition does not state a cause of action against defendant L. D1. Pool as a joint tort-feasor. It is not enough to charge that he “had full knowledge and gave his consent” to the acts of his co-defendant.
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Appeal fr.om Wright County Circuit Court. — Eon. G. E. Skinker, Judge. (1) The petition does not state a cause of action against defendant L. D1. Pool as a joint tort-feasor. It is not enough to charge that he “had full knowledge and gave his consent” to the acts of his co-defendant. To make him responsible therefor he must not only have known and approved but have actually encouraged, aided or abetted. 38 Cyc. 485, 486; Brannock v. Bouldin, 26 N. C. 61; Fitzwater v. Fassett, 199 Pa. St. 442, 49 Atl. 310; Stanley v. Union Depot Ry. Co., 114 Mo. 606, 623, 624; Leavell v. Leavell, 114 Mo. App.…
1Opinion of the Court
OPINION.
FARRINGTON, J.
We will first discuss the peremptory instruction offered by defendant Mrs. Pool, ' then the instructions complained of, as under the view we take of the case this will dispose of the appeal so far as Mrs. Pool is concerned, and lastly we will consider the question.of the liability of defendant L. D. Pooh
*24In considering this case it will be well to bear in Liability of mind some of the well established general Mrs. Pool. principles of law relating to this question.
As against the defendant Mrs. L. D. Pool, the petition is good, following, as it does, approved forms.…
Also in this document: Concurrence.
2Cases cited21 opinions
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Clow v. ChapmanSupreme Court of Missouri · 1894
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Scott v. O'BrienCourt of Appeals of Kentucky · 1908
- Foster v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
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3Cited by8 opinions
- Sandler v. SchmidtSupreme Court of Missouri · 1953
- Moelleur v. MoelleurMontana Supreme Court · 1918
- Gibson v. FroweinSupreme Court of Missouri · 1966
- Comte v. BlessingSupreme Court of Missouri · 1964
- Burnett v. CobbCourt of Appeals of Texas · 1924
3 more not listed; retrieve them via the Exa API.