Forbes v. Snyder

• Decision Date: 31 January 1880
• Citation: 94 Ill. 374,1880 WL 9957
• Parties: ISAAC B. FORBES et al.v.MARY SNYDER, Admx. etc.
• Court: Illinois Supreme Court

94 Ill. 374

1880 WL 9957 (Ill.)

ISAAC B. FORBES et al.

v.MARY SNYDER, Admx. etc.

Supreme Court of Illinois.

January Term, 1880.

OPINION TEXT STARTS HERE

APPEAL from the Appellate Court for the Third District; the Hon. CHAUNCEY L. HIGBEE, presiding Justice, and the Hon. OLIVER L. DAVIS and Hon. LYMAN LACEY, Justices.

Messrs. BARNES & MUIR, and Mr. J. E. ONG, for the appellants.

Messrs. BANGS, SHAW & EDWARDS, for the appellee. Mr. JUSTICE DICKEY delivered the opinion of the Court:

This is an action under the statute, by the administratrix of the estate of George Snyder, deceased, brought for the use of the next of kin, against appellants, upon the allegation that defendants wrongfully caused the death of George Snyder.

The killing occurred in the presence of many witnesses. The circumstances shown by their concurrent testimony, contradicted by no witness, were substantially the following:

There was hostile feeling between Snyder and the appellants.

In the early part of the evening appellants came together to a drug store, in Lacon, and inquired for Snyder, and uttered words betokening unkind feeling toward him; and while they were talking, Snyder passed the door of the drug store, going eastward on the sidewalk. Forbes called the attention of Orr to the fact that Snyder was passing, and Orr at once went out on the sidewalk and called Snyder back. Snyder obeyed the summons, and meeting Orr a little east of the door offered his hand, which Orr refused to accept, and began at once to strike Snyder with his fists. Snyder seized Orr with his hands--taking hold of Orr's arms above the elbows--thus holding off and preventing him from inflicting further blows. In this movement the contending parties had turned around so that Snyder's back was toward the door of the drug store, and Orr was beyond him. Forbes followed Orr out of the drug store and reached the outside of the door,--when Snyder's back was toward the door as above stated, being engaged in the struggle with Orr. Forbes at once drew from his overcoat pocket a revolver, and fired three shots in rapid succession at Snyder, each of which took effect, and Snyder retreated into the drug store and to the rear part of it, closely followed by Orr, who continued to strike or to try to strike Snyder until he was intercepted by bystanders. Forbes and Orr then went away together. Snyder lingered a few days and then died of the wounds inflicted by Forbes with his pistol.

The verdict was for plaintiff, and damages were assessed at $2500. Defendants appealed to the Appellate Court for the Third District, where the judgment was affirmed, and from that judgment they appeal to this court.

It is assigned for error that the circuit court refused to permit defendants to prove previous threats of violence by Snyder, which had been communicated to defendants before this meeting. In this there was no error. There is no evidence whatever tending to prove any overt or even equivocal act of Snyder indicating present danger to appellants or either of them. Previous threats are competent only to give character or coloring to some act of the party having made the threats. The mere fact that another has threatened to take my life does not justify me in seeking him and killing him on sight. This is not necessary self-defence. If...