Ford v. Jones
New York Supreme Court
ACTIOS" for assault and battery, tried _ at a circuit in Cortland county. The complaint, by way of aggravation, alleged that the defendant was the family physician of the plaintiff, and that, taking advantage of his position, he took indecent liberties with the plaintiff’s person, and attempted to have sexual intercourse - with her, particularly detailing the acts; and that, hy means of the said grievances the plaintiff suffered in body and mind, and was prevented from…
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ACTIOS" for assault and battery, tried _ at a circuit in Cortland county. The complaint, by way of aggravation, alleged that the defendant was the family physician of the plaintiff, and that, taking advantage of his position, he took indecent liberties with the plaintiff’s person, and attempted to have sexual intercourse - with her, particularly detailing the acts; and that, hy means of the said grievances the plaintiff suffered in body and mind, and was prevented from performing her necessary affairs. The answer denied generally every allegation. A verdict was obtained in favor of the…
1Opinion of the Court
*485By the Court,
Potter, J.
Two questions seem to have arisen, upon the trial, upon the rulings of the judge, which demand examination: 1st. What questions a jury may 'consider, as a basis of damages; and, 2d. What evidence the defendant may give to mitigate damages. Both these questions were ruled upon by the judge, and exceptions taken to the ruling.
1. The plaintiff* proceeded upon the theory that she was entitled to recover for her sufferings of mind, by reason of the shock to her moral sensibilities. And evidence was offered for this purpose, and received by the judge, under objection. Her…
2Cases cited10 opinions
- People v. BensonCalifornia Supreme Court · 1856
- People v. AbbotNew York Supreme Court · 1838
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- Carpenter v. PeopleNew York Supreme Court · 1850
- Pleasant v. StateSupreme Court of Arkansas · 1855
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3Cited by17 opinions
- State v. LarkinNevada Supreme Court · 1876
- Miller v. CurtisMassachusetts Supreme Judicial Court · 1893
- State v. BarrettSupreme Court of Minnesota · 1889
- Elk v. United StatesUnited States Court of Federal Claims · 2009
- Osterheld v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1911
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