List v. Miner
Supreme Court of Connecticut
Action to recover damages for an indecent, felonious assault, brought to the Superior Court in New London County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff for $1,000 damages, and appeal by the defendant for alleged errors in the charge of the court.
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Action to recover damages for an indecent, felonious assault, brought to the Superior Court in New London County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff for $1,000 damages, and appeal by the defendant for alleged errors in the charge of the court. The complaint contains two counts, in each of which it is alleged, in substance, that the defendant on two separate occasions violently assaulted the plaintiff, and against her will debauched and carnally knew her, by reason of which she became pregnant and was delivered of a bastard child. The…
1Opinion of the CourtTorrance, J.
The reasons of appeal in this case, taking them as they are in the defendant’s brief, raise three principal questions : (1) Did the court err in its statement of the rule as to the burden of proof ? (2) Did it properly instruct the jury as to the rule of damages? (3) Did it charge correctly upon the question of the assault and consent of the plaintiff thereto ?
With reference to the first question, the defendant claims that the court erred in two respects: (1) In failing to call the attention of the jury to the presumption of innocence which he claims existed in his favor in this case; (2) in…
2Cases cited3 opinions
- Maisenbacker v. Society ConcordiaSupreme Court of Connecticut · 1899
- Mead v. HustedSupreme Court of Connecticut · 1884
- Waters v. BristolSupreme Court of Connecticut · 1857
3Cited by6 opinions
- Schmeiske v. LaubinSupreme Court of Connecticut · 1929
- Totten v. TottenMichigan Supreme Court · 1912
- Hull v. DouglassSupreme Court of Connecticut · 1906
- Plimpton v. Mattakeunk Cabin Colony, Inc.District Court, D. Connecticut · 1934
- Notarfrancesco v. SmithSupreme Court of Connecticut · 1926
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