Hough v. Iderhoff
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by Minnie Hough, by Emilie Toedtemeir, her guardian ad litem, against Herman Iderhoff. The plaintiff is the foster child of Emilie Toedtemeir, who is the guardian ad litem herein. She was born March, 1897, and at the time of the assault complained of she was 13 years and 7 months old.
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From Multnomah: William N. Gatens, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by Minnie Hough, by Emilie Toedtemeir, her guardian ad litem, against Herman Iderhoff. The plaintiff is the foster child of Emilie Toedtemeir, who is the guardian ad litem herein. She was born March, 1897, and at the time of the assault complained of she was 13 years and 7 months old. She by her guardian sues to recover damages for a criminal assault upon her by the defendant. The allegation, after giving the time of her birth, being “that some time during the month of October, 1910, the…
1Opinion of the CourtJustice Eakin
There is but one assignment of error, viz.: The refusal of the court to instruct the jury “that if the jury should find that the plaintiff, Minnie Hough, was at the time of the alleged assault under the age of 16 years, she was incapable of consenting” — the court having instructed the jury directly contrary to the request, and which was duly excepted to, viz., “that if she did not resist with all the force in her command then the defendant cannot be held in damages.” So that the only question is: Can a defendant be held liable in a civil action to the injured female for damages where he…
2Cases cited9 opinions
- State v. SargentOregon Supreme Court · 1897
- State v. LeeOregon Supreme Court · 1899
- Watson v. TaylorSupreme Court of Oklahoma · 1913
- Alexander ex rel. Alexander v. BlodgettSupreme Court of Vermont · 1872
- Dean v. . RapleeNew York Court of Appeals · 1895
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3Cited by13 opinions
- Cook v. KINZUA PINE MILLS CO.Oregon Supreme Court · 1956
- Elkington v. FoustUtah Supreme Court · 1980
- Glover v. CallahanMassachusetts Supreme Judicial Court · 1937
- Wilson v. TobiassenCourt of Appeals of Oregon · 1989
- Parsons v. ParkerSupreme Court of Virginia · 1933
8 more not listed; retrieve them via the Exa API.