Fay v. Swan

• Citation: 7 N.W. 215,44 Mich. 544
• Court: Michigan Supreme Court
• Decision Date: 09 November 1880
• Parties: FAY v. SWAN.

7 N.W. 215

44 Mich. 544

FAY v. SWAN.

Supreme Court of Michigan

November 9, 1880

In an action for an assault with intent to ravish, occurring at a house to which plaintiff had been induced to go, evidence as to attempts to get another person to go to such house, and what was said by defendant as to character of the place, held not improper. Certain testimony of the physician of plaintiff as to her condition shortly after the alleged assault, and his opinion as to whether such assault would account for such condition, held properly admitted.

Error to Genesee.

Wisner & Johnson, and Aug. C. Baldwin, for plaintiff in error.

Newton & Howard, for defendant in error.

CAMPBELL J.

Mrs Swan recovered damages against Fay for an assault upon her committed with much violence, and with a felonious intent to ravish her. On the trial several questions arose upon the admission of evidence which was ruled against Fay, on which he brings the case to this court. In order to understand them it will only be necessary to refer to a very few facts as testified to on the trial. The assault was committed in a hotel in Flint. Mrs. Swan had applied to Fay at her husband's request for a small loan which he said he would pay her if she would call there. On going there she was on some pretext desired to go to a room up stairs, where Fay at once fastened the door and made the attempt in question which Mrs. Swan resisted successfully. To prevent her from giving an alarm Fay among other things told her that he was in the habit of going there with women, and the keeper of the house expected him and there was no use of making any noise. There were circumstances going to indicate that this was quite likely, as Mrs. Swan's subsequent experience before getting out tended to indicate.

Among the witnesses sworn, one Dolly Chase was allowed to testify to an attempt made by Fay to get her to go with him to the same house, when he told her that he was in the habit of taking girls there, and that all was arranged there. Exception was take to this as irrelevant. It is undoubtedly true that proof of one wrong has no legal tendency to prove another. But the point to which this testimony was directed was not the act which Fay meditated committing with Miss Chase, but his admitted habit of visiting the house for such purposes. Mrs. Swan's statement of the condition of things at that house would have been a very remarkable one if the...