Leifermann v. Daniels
North Dakota Supreme Court
Action for indecent assault in District Court, Barnes County, Coffey, J. From a judgment for the plaintiff and an order denying a new trial the defendant appeals. Excessive damages appearing to have been given under the influence of passion or prejudice, and insufficiency of the evidence to justify the verdict, are grounds for a new trial. Comp.
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Action for indecent assault in District Court, Barnes County, Coffey, J. From a judgment for the plaintiff and an order denying a new trial the defendant appeals. Excessive damages appearing to have been given under the influence of passion or prejudice, and insufficiency of the evidence to justify the verdict, are grounds for a new trial. Comp. Laws 1913, § 7660, subds. 5, 6; Wagoner v. Bodal (N. D.) 164 N. W. 147; Carpenter v. Dickey, 26 N. D. 176, 143 N. W. 964; Williams v. Budgett (Iowa) 172 N. W. 283. The evidence shows that there was physical and nervous impairment, and humiliation and…
1Opinion of the CourtBronson, J.
The plaintiff recovered a verdict of $2,500 for indecent assault; the defendant has appealed from the judgment rendered and the order of the trial court denying a new trial. The defendant is a bachelor, fifty-nine years of age, engaged in farming; he hired the plaintiff as his housekeeper; the plaintiff was a married woman with two little children, having left her husband for his failure to support her. The plaintiff was needy and so worked out in an endeavor to support herself and her two little children. The agreed compensation for this work was $5 per week. She remained in the employ of…
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