Johnson v. Daily
Missouri Court of Appeals
Appeal from Harrison Circuit Court. — No». George W. yVanamalcer, Judge. (1) If these two instructions are not directly in conflict with each other then I fail to understand the meaning of the English language.
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Appeal from Harrison Circuit Court. — No». George W. yVanamalcer, Judge. (1) If these two instructions are not directly in conflict with each other then I fail to understand the meaning of the English language. Our courts have frequently held that when two independent instructions or declarations of the law are directly in conflict, one of them declaring the law correct and the other erroneous, one does not cure the other and the error is a reversible one, since the appellate court cannot tell by which one the jury was guided. Shepherd v. Transit Co., 189 Mo. 373; Flynn v. Bridge Co., 42 Mo.…
1Opinion of the CourtEllison, J.
This is an action for assault and battery in which plaintiff obtained judgment in the trial court.
The evidence showed much ill-feeling between the parties had existed for a considerable period. They were relatives and neighbors residing in the country in Harrison county. Finally they met in the public road. Defendant in his buggy passed plaintiff who was walking in the road. The buggy wheel brushed against plaintiff and thus started a fight between them resulting in defendant committing the assault with a hammer. Who was the aggressor was a matter of dispute between the parties. As to whether…
2Cases cited2 opinions
- Orscheln v. ScottCourt of Appeals of Kansas · 1901
- State v. WalkerSupreme Court of Missouri · 1906
3Cited by10 opinions
- Cameron Compress Co. v. KubeckaCourt of Appeals of Texas · 1926
- Mitchell v. Pla-Mor, Inc.Supreme Court of Missouri · 1951
- Rogers v. BigelowSupreme Court of Vermont · 1916
- Sumner v. KinneyCourt of Appeals of Texas · 1911
- Alamo Downs, Inc. v. BriggsCourt of Appeals of Texas · 1937
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