West v. Druff
| Decision Date | 16 December 1880 |
| Parties | WEST v. DRUFF |
| Court | Iowa Supreme Court |
Appeal from Washington District Court.
ACTION by plaintiff to recover for her own seduction. There was a verdict and judgment for plaintiff in the sum of $ 2,500. Defendant appeals.
REVERSED.
J. F McJunkin and Bonorden & Ranck, for appellant.
No appearance for appellee.
I.
The petition alleges that plaintiff is "an unmarried female of previous chaste character," and that defendant did "seduce, debauch and carnally know her," whereby she "became sick and pregnant," therefrom "suffering great bodily pain and mental anxiety, shame and disgrace; that such seduction was brought about by reason of false promises and pretension of love and affection kisses, caresses and devoted attention for many months prior to the seduction, by which false promises and pretensions and tokens, plaintiff was persuaded to, and did, yield up her virtue to defendant." Defendant in his answer denies all the allegations of the petition, and avers that plaintiff was, at and prior to the time of the injuries alleged in her petition, a woman of unchaste character.
II. In the progress of the trial plaintiff was permitted to show against defendant's objection that she was a poor girl, and had no means of support; that her father was poor, and what little he earned was not sufficient for the support of himself and daughter. The evidence was erroneously admitted. The right of plaintiff to recover does not depend upon her condition in life, neither is the amount of damages to which she is entitled dependent thereon. The plaintiff does not claim, nor did she attempt to show, that defendant availed himself of her poverty to effect her seduction. We know of no rule of law, or reason, which supports the admissibility of the evidence.
III. The plaintiff upon cross-examination was asked if she had not in conversation or correspondence with a certain man, used profane language and had not met him at a certain time in a grave yard. Objections to the evidence sought to be elicited were sustained. We think the evidence was competent. It would have tended to disclose the true character of plaintiff, which was in issue in the case.
IV. A witness testified to a conversation had with plaintiff, wherein she related that a certain man had taken improper liberties with her person and had improper conversation with her. This evidence was afterwards stricken out. We think it was competent and relevant.
We may remark that, as the plaintiff's character for purity was in issue, evidence tending to show impure conversation, and improper and familiar association with men, was competent as tending to establish her...
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