# Scheibel v. Hillis > Supreme Court of Missouri · January 12, 1976 · 531 S.W.2d 285 URL: https://www.frixlaw.com/law-library/cases/9684380 ## Case - **Full name:** Dennis SCHEIBEL, Plaintiff-Appellant, v. Betty HILLIS Et Al., Defendants, Betty Hillis, Defendant-Respondent - **Court:** Supreme Court of Missouri - **Decided:** January 12, 1976 - **Citations:** 531 S.W.2d 285; 1976 Mo. LEXIS 235 - **Precedential status:** Published - **Opinion:** Dissent by Henley - **Judges:** Seiler, Morgan, Bardgett, Finch, Holman, Henley, Donnelly - **Cited by:** 129 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9684380 ## How later opinions describe it (automated extraction) - holding that negligence may be predicated on the foreseeable acts of third persons - discussing the distinction between ultimate facts and proof of “the facts or circumstances by which the ultimate facts will be established” ## Opinion text HENLEY, Judge (dissenting). I respectfully dissent. Plaintiffs petition, alleging as it does that defendant “kept a loaded shotgun as protection [for herself and her home] from Joyner,” negates any possible inference that Joyner was a guest she brought into her home, a guest invited in violation of her duty to exercise due care to avoid subjecting others to the danger she knew Joyner’s presence would present. The only inference the quoted portion of the petition supports is that Joyner was an unexpected trespasser; not a guest. I say that because it is contrary to all experience that defendant would invite into her home a person against whom she saw fit to protect it with a shotgun. I would hold that the petition fails to state a claim upon which relief may be granted. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684380. Public record. Not legal advice.