Mashunkashey v. Brewer

This is an appeal from a judgment in the sum of $50,000, consisting of $40,-000 actual and $10,000 punitive damages, in favor of Lucille Brewer, a minor half-blood Cherokee Indian, and against Charles Ma-shunkashey, as Osage allottee, No. 464, an incompetent of approximately 40 years of age.

The damages awarded are predicated upon one cause of action embracing statutory rape and the communication by defendant to plaintiff of a venereal disease, syphilis. A child was born to plaintiff on November 7, 1931.

It is contended that the trial court erred in overruling a demurrer to the second amended…