Dean v. . Raplee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the 'action and the facts, so far as material, are stated in the opinion. On a review cases will be considered on the theory on which they were tried.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the 'action and the facts, so far as material, are stated in the opinion. On a review cases will be considered on the theory on which they were tried. (Dauscha v. Brower, 72 Hun, 221-224; Salisbury v. Howe, 87 N. Y. 128; Storrs v. Flint, 14 J. & S. 498-519 ; Baird v. Mayor, 96 N. Y. 603; Stapenhorst v. Wolff,…
1Opinion of the CourtO’Brien, J.
This action was brought to recover damages for an assault by the defendant upon the plaintiff, committed in such manner and under such circumstances as to constitute the offense of rape. It was alleged that in the month of March, 1886, and at different times during the following year, the defendant assaulted the plaintiff, and by force and threats of personal violence compelled the plaintiff to have sexual intercourse with him, without her consent and against her will. It appeared that in the month of April, 1885, when the plaintiff was but fourteen years of age, the defendant, who then had…
2Cases cited3 opinions
- People v. . BriggsNew York Court of Appeals · 1889
- Young v. . JohnsonNew York Court of Appeals · 1890
- People v. . ConnorNew York Court of Appeals · 1891
3Cited by14 opinions
- Parsons v. ParkerSupreme Court of Virginia · 1933
- Watson v. TaylorSupreme Court of Oklahoma · 1913
- Hough v. IderhoffOregon Supreme Court · 1914
- Bishop v. ListonNebraska Supreme Court · 1924
- Gaither v. MeachamSupreme Court of Alabama · 1926
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