Johnson v. Hahn

• Decision Date: 19 December 1914
• Parties: ANGIE JOHNSON, Appellant, v. J. B. HAHN, Appellee
• Court: Iowa Supreme Court

150 N.W. 6

168 Iowa 147

ANGIE JOHNSON, Appellant, v. J. B. HAHN, Appellee

Supreme Court of Iowa, Des Moines

December 19, 1914

Appeal from Carroll District Court.--HON. F. M. POWERS, Judge.

ACTION for damages for indecent assault. A demurrer to the petition was sustained. The plaintiff appeals.

Reversed.

Lee & Robb, for appellant.

E. A Wissler, for appellee.

EVANS J. LADD, C. J., WEAVER and PRESTON, JJ., concur.

OPINION

EVANS, J.

It appears from the plaintiff's petition that she is and was a married woman. Her petition herein made the following averments:

"That on or about the 30th day of January, 1913, the defendant, and without the invitation from plaintiff and against her wish and will, came to the home of plaintiff and solicited this plaintiff to commit a crime with him, the defendant, against society and the laws of the state of Iowa to wit, the crime of adultery, well knowing at the time that this plaintiff was a married woman. That this defendant by his conduct, actions language and his improper assaults, solicitations and importunities, humiliated, insulted, debased plaintiff, and put her in great fear and caused her great and acute mental suffering and anguish, humiliation and distress of mind, and drove her from her home.

"That thereafter and on or about the day of , 1913, this defendant again came to the home of the plaintiff without invitation from her against her will and without authority and assaulted plaintiff and abused her and by his conduct, actions and language put plaintiff in great bodily fear and distress of mind and so frightened her as to drive her from her home. That the said plaintiff at the time was approaching maternity and the wanton, vicious and base assaults and solicitations on the part of the defendant caused this plaintiff to become nervous, distressed in mind and body and sick.

"That the assault referred to consisted of improper solicitations and urgent importunities as in the said petition set forth on the part of the defendant, whereby the plaintiff was distressed, humiliated, insulted and debased by the wanton and uninvited liberties and criminal proposals made to her by defendant and the liberty taken by the defendant in approaching near to plaintiff and laying his hand on her and touching her person. That there was no actual physical violence offered her by the defendant except as occasioned by the acts herein . . . set forth."

Substantial...