Haupt v. Swenson
Supreme Court of Iowa
Appeal from Wright District Court.— Hon. J. R. Whitaker, Judge. Suit to recover damages for a simple assault. There was a trial to a jury, and a verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtSherwin, J.
No physical violence was inflicted upon the plaintiff, and the action is based solely upon fright and prostration caused by the defendant’s acts. The plaintiff was pregnant at the time of the alleged assault with a child which was afterwards born in due season and in a normal condition. Hpon her examination in chief she was permitted to testify, over the defendant’s objection, that the child was then poor, small and nervous, and had grown but *695little since it was born. This evidence was clearly incompetent and improper, and was as clearly prejudicial to the defendant. In the ¿rst place, there…
2Cases cited4 opinions
- Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
- State v. MalcolmSupreme Court of Iowa · 1859
- Tunnicliffe v. Bay Cities Consolidated Railway Co.Michigan Supreme Court · 1894
- Irlbeck v. BierlSupreme Court of Iowa · 1896
3Cited by3 opinions
- State v. RichardsonSupreme Court of Iowa · 1917
- State v. LewisSupreme Court of Iowa · 1915
- Wallace v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916