129 Ala. 479 | Ala. | 1900
On the trial there was evidence tending to show that defendants went to the plaintiff’s office and factory for the preconcerted purpose of beating or shooting his servant; that while both defendants
Charge “N” also invaded the jury’s province. It was equivalent to a denial of Rogers’ responsibility for Henry’s act in casting plaintiff from his way during the chase. A doctrine applicable to civil as well as criminal- cases is that where two persons enter into a combination to do an unlawful act, whatever is done by one as the proximate consequence of furthering the main purpose of the conspiracy, whether' specifically included in that purpose or not, is the act of both and binds both to responsibility.—Martin v. State, 89 Ala. 115; Jordan v. State, 79 Ala. 9; Williams v. State, 81 Ala. 1; Doremus v. Hennessy, 176 Ill. 608, 68 Am. St. Rep. 203.
If defendants combined to invade the plaintiff’s premises and there punish his servant, they had reason to expect his interference. From the evidence it was open to the jury to infer that they -conspired and acted to that end, that they contemplated resisting such interference by violence if necessary, and that plaintiff was thrust aside to avoid such obstruction as his presence
Charge was probably misleading but the plaintiff might have prevented that effect by requesting the court to explain the effect which the part of a conspirator may have in connecting one with -an assault and battery.
The judgment will be reversed and the cause remanded.