Section 2.15 Joint Liability—Liability of Passive Participants

• Library: Tort Law 2016

A. (§2.15) Joint Liability—Liability of Passive Participants

An individual who encourages, incites, or participates in a battery can be held jointly and severally liable for the battery. See, e.g.:

· Gray v. McDonald, 16 S.W. 398, 400 (Mo. 1891) (evidence that the father at the scene of a shooting encouraged the assault and physically struck the victim after the shooting)

· Brown v. Barr, 171 S.W. 4 (Mo. App. W.D. 1914) (evidence that the father urged the son to shoot the victim)

· McMannus v. Lee, 43 Mo. 206 (1869) (evidence that the defendants were part of a gang of armed men that terrorized the city, even though the particular defendant did not participate in the specific crime at issue)

· Watters v. Hayden, 284 S.W. 828 (Mo. App. E.D. 1926) (the wife acted in concert with her husband by

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