Nowlan v. Griffin
Supreme Judicial Court of Maine
On exceptions from the superior court. Trespass, wherein the plaintiff, in writ dated October 10,1875, alleged that the defendant, on May 16,1875, assaulted her, threw her down violently, and by force and against her will had carnal intercourse with her, and testified at the trial to all the facts constituting the crime of rape; and there was no other evidence. The presiding justice, on the defendant’s motion, ordered a non-suit ; and the plaintiff alleged exceptions.
1Opinion of the CourtWAlton, J.
The only question is whether it is the law of this state” that the civil remedy of a person injured by a felonious assault and battery is suspended till the offender has been prosecuted criminally. Clearly not.
In Boody v. Keating, 4 Maine, 164, and again in Crowell v. Merrick, 19 Maine, 392, the court say that the rule that a civil action in behalf of the party injured is suspended until a criminal prosecution has been commenced and disposed of, “ is limited to larcenies and robberies.”
The same opinion had before been expressed in Boardman v. Gore, 15 Mass. 331, 336.
In Boston & Worcester R.…
2Cases cited4 opinions
- Foster v. CommonwealthSupreme Court of Pennsylvania · 1844
- Piscataqua Bank v. Turnley, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Blassingame v. GlavesCourt of Appeals of Kentucky · 1845
- Lofton v. VoglesIndiana Supreme Court · 1861