Goldnamer v. O'Brien
Court of Appeals of Kentucky
Case 89 — PETITION ORDINARY — APPEAL PROM IIARDIN CIRCUIT COURT. The consent of plaintiff bars her right to recover for the alleged assault and the court should have so instructed the jury. (Duncan v. Commonwealth, 6 Dana, 295; Pillow v. Bushnell, 5 Barb., 156; Latter v. Bradwell 12 Cent. L. J., 282; Hagerty v. Shite. 8 Cent.
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Case 89 — PETITION ORDINARY — APPEAL PROM IIARDIN CIRCUIT COURT. The consent of plaintiff bars her right to recover for the alleged assault and the court should have so instructed the jury. (Duncan v. Commonwealth, 6 Dana, 295; Pillow v. Bushnell, 5 Barb., 156; Latter v. Bradwell 12 Cent. L. J., 282; Hagerty v. Shite. 8 Cent. L. J., Ill; Cooley on Torts, 187; Smith v. State, 12 Ohio'Si., 466; Bishop on Non-Contract Law, sec. 196.) Consent ¡to an unlawful act is no defense to an action for damages resulting therefrom. (Cooley on Torts, s. p. 163 and cases cited; Boujter v. Clark, Buller N. P.…
1Opinion of the Court
JUDGE HAZE'l^RIGG
delivered the opinion op the court.
Tlie appellants were sued by the appellee, Sallie O’Brien, for inducing Slier to submit to an attempted abortion on her *570person by a physician procured by them, and judgment was rendered for $1,700.
If we assume from the proof that the appellants did in any way induce the appellee to resort to this method of hiding her shame, and they deny this most earnestly, it is clear from the testimony that she left her home in Elizabethtown and went to Louisville in search of this relief voluntarily, and alike voluntarily submitted herself to the…
2Cases cited2 opinions
- Cline & Co. v. TempletonCourt of Appeals of Kentucky · 1880
- Duncan v. CommonwealthCourt of Appeals of Kentucky · 1838
3Cited by19 opinions
- Ten Broeck Dupont, Inc. v. BrooksKentucky Supreme Court · 2009
- Miller v. BennettSupreme Court of Virginia · 1949
- Nash v. MeyerIdaho Supreme Court · 1934
- Byfield v. CandlerCourt of Appeals of Georgia · 1924
- Lykins v. HamrickCourt of Appeals of Kentucky · 1911
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