Holloway ex rel. Hollaway v. Shepardson

BOHLING, C.

Marie Holloway, by her next friend Fay Holloway, sued Walter K. Shepardson for $1,000 actual and $10,000 punitive damages arising out of an alleged indecent assault. The verdict and judgment were for the defendant. Plaintiff appealed and claims error in the admission of certain evidence and the giving of an instruction. Defendant contends error was not committed and that the plaintiff failed to make a submissible case.

Defendant bases his contention that plaintiff failed to make a submissible case upon plaintiff’s failure to make outcry and failure to make complaint for three or…