Stevens v. Sheriff

Citations

• 71 Kan. 434
• 80 P. 936

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trespass — Damages—Erroneous Instruction. In an action for damages on account of injuries to the person and property of the plaintiff, alleged in the petition to have been unlawfully inflicted by several persons while “acting in concert and as a mob, and in pursuance and furtherance of a common design,” it is error to instruct that a recovery can be had only upon proof that the defendants constituted a mob.</p> <p>2. -Mob Erroneously Defined. Assuming it to be necessary in such a case for the plaintiff to prove that the defendants constituted a mob, it is error to instruct that “a mob is the assemblage of a number of people acting in a tumultuous and riotous manner, calculated to put good citizens to fear, and to endanger their persons and property.”</p>