Reed v. Maley
Court of Appeals of Kentucky
Case 96 — Action by Maggie Reed against William Maley fob Assault and Trespass. APPEAL FROM FLEMING CIRCUIT COURT. From a Judgment Sustaining a Demurrer to Plaintiff’s ’Petition , She Appeals. This is an action by appellant to recover damages of the appellee by reason of bis coming to ber borne, in the absence of ber husband, and making an indecent proposal to have sexual intercourse with ber.
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Case 96 — Action by Maggie Reed against William Maley fob Assault and Trespass. APPEAL FROM FLEMING CIRCUIT COURT. From a Judgment Sustaining a Demurrer to Plaintiff’s ’Petition , She Appeals. This is an action by appellant to recover damages of the appellee by reason of bis coming to ber borne, in the absence of ber husband, and making an indecent proposal to have sexual intercourse with ber. The lower court sustained a demurrer to th© petition on the, ground that the facts alleged do mot constitute a oause off action, which .position, if correct, will leave a wrong without ai remedy unless…
1Dissent
Judge Hobson’s
dissenting opinion:
Appellant, Maggie Reed, filed this suit against appellee, William Maley. He demurred to the petition; his demurrer was sustained; and, she declining to plead further, the petition was dismissed. From this judgment she appeals.
Whether the facts in the petition are sufficient to constitute a cause of action is the only question to be determined on the appeal. These facts are as follows: The plain*825tiff was a married woman, a resident of Fleming county; on October 19, 1898, she was at her home, sitting near a window in her house. The defendant came to the house,…
2Cases cited9 opinions
- State v. AverySupreme Court of Connecticut · 1828
- State v. KeyesSupreme Court of Vermont · 1836
- Smith v. CommonwealthSupreme Court of Pennsylvania · 1867
- State v. ButlerWashington Supreme Court · 1894
- Bennett v. McIntireIndiana Supreme Court · 1889
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