136 Minn. 299 | Minn. | 1917
While this policy was in force, Mr. Reichert, on one pay day, went to the bank, received some $1,600 in currency, placed it in an envelope, put the envelope in the inside pocket of his undercoat, buttoned up his coat, went to the elevator and in it to the fifth floor of the building to the office of the company’s attorney. Two men were in the elevator ahead of him. Another, Miller, followed him in. While in the elevator, as Reichert described the incident: “Miller backed up into me, crowding me back” — “forcing me against the two men behind me” — “the pressure continued from the time the elevator started until the elevator stopped on the fifth floor;” the pushing or crowding was such that “we were jammed together very compactly” — “making rather a compact bundle of humanity’’ — the pressure was “gentle but firm.” When the
The main complaint on this appéal is as to the court’s definition of the robbery which the policy covers. We think the court was right.
The policy covers robbery commonly known as highway robbery or holdup. The law recognizes different degrees of theft. It is right that it should do so, because the purloining of money under some circumstances is a graver moral crime than under others. Burglary, robbery and larceny are not all the same in kind or in moral delinquency. To take money violently from the person of another or from his dwelling at night is a graver offense than to misappropriate his money which has been found. The fields of activity of these various professions merge into one another, but distinctions do exist.
For purposes of this case the trial court’s definition of robbery was right. Eobbery implies force or the putting in fear. If force is used it must be to obtain or retain possession of the money taken or.to prevent or overcome resistance to the taking. The degree of force used is immaterial. “Taking from the person of another constitutes robbery whenever it appears that, although the taking was fully' completed without his knowledge, such knowledge was prevented by the use of force.” These definitions are found in our statutes and they are generally recognized. G. S. 1913, § 8635; United States v. Jones, Fed. Cas. No. 15,-
Defendant’s counsel contends that this is not a case of holdup. The term holdup he contends signifies “a crime of open violence characterized by desperate criminal force,’’ in other words, it means only desperately violent robbery. We cannot adopt this definition. The term originated, as have some other expressive words, in American slang. Webster defines it as “an assault * * * for the purpose of robbery,— originally on traveling parties in the western United States.” Webster, New Int. Dict. (ed. 1910) p. 1025. Strictly speaking, it signifies the assault rather than the robbery. It is elsewhere defined, “to stop for the purpose of robbing.” Standard Dict. 1913, p. 1169. The term doubtless arose from the accompanying demand to hold up hands (Standard Dict, supra) just as the word “stickup,” a term orginating among the bush rangers of Australia, arose from detention accompanied by the appropriate “sticking” of a gun. See Webster, p. 2044. This latter word has come to have a broader colloquial meaning and now means “to rob, as a highwayman.” See Webster, New Int. Dict. (1910) p. 2044; Standard Dict. (1913) 2380. We think the term “holdup’’ has acquired the same general meaning. The element of place or environment is gone from
Our view of this case is not substantially different from that taken by defendant’s superintendent when he declined to pay this loss. He claimed no special significance for the term “holdup.” He said: “The legal definition of robbery as intended under our policy, is the taking with the intent to steal, of personal property in possession of another from his person or in his presence by violence, or by putting him in fear.” Liability was denied because of a statement made by Mr. Eeiehert that the loss was the result of pocket picking. Mr. Eeiehert did so state in a written statement made soon after the loss. He also stated, however, all the facts which we have here mentioned. Plaintiff should not lose because Eeiehert did not understand the legal bearing of these •facts.
We think the plaintiff suffered a loss by robbery by force commonly known as holdup and that defendant is liable.
Order affirmed.