Winders v. . Powers

The sufficiency of the plaintiff’s evidence to warrant its submission to the jury depends upon the effect to be given to the plaintiff’s admission that during the time when the promise of marriage and its breach occurred she was afflicted with the disease of syphilis.

The plaintiff, who is now thirty-three years of age, testified that the promise of marriage was given in 1935, that sexual relations with defendant began in 1936, and that a baby was born in July, 1938. She testified that in September, 1938, her syphilitic condition, previously unknown to her, was discovered by a physician, and…