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…
1Opinion of the Court
*818Opinion op the court by
JUDGE PAYNTKR
Affirming.
The petition makes substantially the following averments: That the plaintiff was a married woman; that on October 19, 1898, whilst sitting near the window in her house, the defendant approached near it, and proposed to her to have sexual intercourse with him; that she indignantly refused the proposal; that the defendant thereby com. mitted a trespass against her person; that she was frightened, and caused great mortification and shame; and in con- ' sequence" of which she was greatly excited and damaged. : It was not averred that the defendant…
2Cases cited6 opinions
- Wadsworth v. Western Union Telegraph Co.Tennessee Supreme Court · 1888
- Chapman v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1890
- Bennett v. McIntireIndiana Supreme Court · 1889
- Newell v. WhitcherSupreme Court of Vermont · 1880
- Stivers v. BakerCourt of Appeals of Kentucky · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Albert White v. Turfway Park Racing Association, Inc.Court of Appeals for the Sixth Circuit · 1990
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Samms v. EcclesUtah Supreme Court · 1961
- Alderman v. BradleyCourt of Appeals of Kentucky · 1997
- McGee v. VanoverCourt of Appeals of Kentucky · 1912
11 more not listed; retrieve them via the Exa API.