Gourley v. Callahan
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. Wilson A. Taylor, Judge. (1) Plaintiff having assaulted defendant’s character for morality, virtue and decency, and having tendered an issue on such matter, defendant had a right to show his general reputation was good in such respect and thereby meet the issue presented. Ross v. Grand Pants Co., 170 Mo.
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Appeal from St. Louis City Circuit Court. — lion. Wilson A. Taylor, Judge. (1) Plaintiff having assaulted defendant’s character for morality, virtue and decency, and having tendered an issue on such matter, defendant had a right to show his general reputation was good in such respect and thereby meet the issue presented. Ross v. Grand Pants Co., 170 Mo. App. 291. (2) Evidence that defendant had assaulted and raped another girl on another occasion and evidence that plaintiff had publicly exposed himself in an indecent manner on another occasion is an assault on his character for morality,…
1Opinion of the CourtNortoni, J.
Defendant prosecutes this appeal from an order of the court setting aside a verdict in his favor and awarding plaintiff a new trial.
Plaintiff, a young girl about seventeen years of age, prosecutes the suit through her father, as next friend, for damages alleged to have accrued to her on account of an assault by defendant.
A trial was had before a jury, with the result that the finding and verdict were in favor of defendant. Thereupon plaintiff filed a motion for a new trial and this motion the court sustained. It appears that, during the cross-examination of defendant, while he was on the…
Also in this document: Concurrence.
2Cases cited6 opinions
- Black v. EpsteinSupreme Court of Missouri · 1909
- State v. SperitusSupreme Court of Missouri · 1905
- Vawter v. HultzSupreme Court of Missouri · 1892
- Gutzwiller v. LackmanSupreme Court of Missouri · 1856
- State v. . CherrySupreme Court of North Carolina · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Orris v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1919
- Kelly v. American Central InsuranceMissouri Court of Appeals · 1915
- Ackerman v. WatsonMissouri Court of Appeals · 1985
- Browning v. BrowningMissouri Court of Appeals · 1931
- Drake v. ThymMissouri Court of Appeals · 1936