Thomas v. Werremeyer
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court. — Hon. William W. Edwards, Judge. There is nothing in the petition or instructions to show or allege that Werremeyer aided, abetted or encouraged the assault that Seiff made upon the plaintiff. but positive and direct testimony that lie opposed and prevented any such assault. McManus v. Lee, 43 Mo. 207 ; Allred v. Bray, 41 Mo. 484 ; Berry v. Fletcher, 1 Dillon Cir. Ct. Rep. 67; Bard v. Tohn, 26 Penn.
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Appeal from the St. Charles Circuit Court. — Hon. William W. Edwards, Judge. There is nothing in the petition or instructions to show or allege that Werremeyer aided, abetted or encouraged the assault that Seiff made upon the plaintiff. but positive and direct testimony that lie opposed and prevented any such assault. McManus v. Lee, 43 Mo. 207 ; Allred v. Bray, 41 Mo. 484 ; Berry v. Fletcher, 1 Dillon Cir. Ct. Rep. 67; Bard v. Tohn, 26 Penn. St. 482; Hilmes v. Stroebel, 59 Wis. 74; Cooley on Torts, secs. 127, 137; Blue v. Christ, 4 111. App. 351. These cases all hold, to entitle plaintiff to…
1Opinion of the CourtBiggs, J.
This is an action for damages against defendants for assaulting and beating plaintiff. There was a trial by jury resulting in a judgment against defendants for two hundred and fifty dollars. Defendants filed motions for new trial and in arrest of judgment, -which were by the court overruled, and the defendants bring the case here by appeal.
There has been no formal assignment of errors filed in this court by defendants, and the only error assigned in defendants’ brief, of which the court can possibly take notice, is the giving and refusing of the instructions, to which defendants objected and…
2Cases cited4 opinions
- Williams v. SheldonNew York Supreme Court · 1833
- Brooks v. AshburnSupreme Court of Georgia · 1851
- Allred v. BraySupreme Court of Missouri · 1867
- In re Inquiries Submitted by WoodsonSupreme Court of Missouri · 1874
3Cited by5 opinions
- Adler v. EwingMissouri Court of Appeals · 1961
- Schafer v. OstmannMissouri Court of Appeals · 1910
- Iaegar v. MetcalfArizona Supreme Court · 1908
- Brouster v. FoxMissouri Court of Appeals · 1906
- Mehlstaub v. MichaelMissouri Court of Appeals · 1926