New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-16
OVERGROWN DAMAGES.

OVERGROWN DAMAGES.
What should be the measure of damages in
an action for breach Of promise Of marriage
In the great Sprague case, which has excited
80 much attention at the West, the jury gave
the plaintiff 100000, which most persons, con-
siderng her injuries, did not regard as farthlng
too much yet any one calmly looking at the
matter must see that in any case in which there
is not an element of seduction, such an assess
ment is absurdly large. AT any rate both par
ties have conceded with the Court in thinking
30, and by consent of parties the damages have
been reduced to $4,000. This is much more
reasonable than the fanciful finding OF the
Jury We are willing to admit that in
all cases of this nature damages should
be in some proportion to the means
of the offending party, marriage being regarded
from q purely civil point of view. Nor do we
object to q moderate salye for disappointment;
but it is hardly possible that any woman can
prove damages for the nOn-performance OF the
contract in question to the extent of 100000.
Her attorneys may fix the Gd ddmnum at what
they please In the writ, but that is no reason
why their sounding and impressive estimate
should be repeated in the execution. The de-
PENDANT may be culpable, but he must not on
that account, be oppressed. The plaintiff may
have been injured, but her compensation should
bear some reasonable proportion to the nature
of her injury. Thousands of women are every
year Tilted, and never think of bringing any action
at all. Thousands of men are the victims of
similar breach of faith, and never dream of
marching the defaulting lady before jury.
There can be no fixed, general rule of conduct
for every case of the kind In the action
before us, the defendant was rich. The plain
tiff therefore, might reasonably allege the
various extraordinary comforts and the unu-
sual superluities of life OF which the pertidy of
the defendant deprived her. But all this is,
after all, but shadOwy and unsubstantial
injury, though very fragrant, no doubt, in the
mind Of juror excited by the eloQuence of
counsel The husband might have turned
out misery skinhint; might have kept his
wife upon something less than suflciency
of bread and water; might have denied her
articles of attire suitable to her condition
might have deserted her through the day
and rendered her nights supremacy miserable;
might have committed hundred torts against
her comfort of which the law would have
refused to take cOgnizance. In the case
before us, it is evident that the plaintiff is
much better off than if she had married the
defendant She has a large portion of his
fortune without the unpleasantness of his
society; she has the dowry without the
accompanying disgust and the damages, as
they stand at present seem TO us sufficiently
vndctve and exemplary
Nor do we think, upon the whole, that this
is kind of action which the Courts should
encourage. OF course, when instituted, it is
entitled to the most liberal cognizance and the
most thorough investigation, but we dread the |
speculative spirit which enormous damages |
may excite in the lovely bosOms of rapacious |
wOmen-the Becky Shapes and the Mrs. Cum
ninghams of society. We say nothing of de-
signing men, because in such suits men are
hardly ever the plaintiffs. Either they are
ashamed to seek pecuniary consolation, or their
lawyers tell them that they will have no chance
with chivalrOus collection of twelve men in
n box. This is womah's action, and it, for
the present, the law is extremely tender of
women, whatever female orators may say to
the contrary, we think that they run slight
risk of reactionary social feeling if they
resort too frequently to the tribunals
for redress of delicate grievances. To
the infinite credit of woman, it must be admit !
ted that she seldom seeks in the law of con-
tracts for reparatiOn, when she has been injured
by the inidelity of her suitor We admit, as |
fully as possible, the right of appeal to the law
for the redress of amorous grievances; and |
there might be cases in which we should heartily |
recommend such an appeal. If n man can only |
be brought to proper sense of dishOnOrabe /
conduct through the medium of his pocket |
book we should favor the immediate extrac- |
ton therefrOm of reasonable sum Of money, |
always suppOsing the lady in the case to be |
willing TO assume the position of plaintiff |
1t is pretty dangerous now to talk of woman's
delcacy-one runs the risk by doing so of |
being put into the resolutions of some Female /
Convention; but let us only suppose woman
to feel as n high-mnded man, gentleman,
would feel under similar circumstances. 1t is
safe to say that no well bred wOOer, whatever
the agonies of his disappointment, would go to
DodsOn and FOgg for relief or that he would
care to have his pangs depicted by the mas
terly eloquence of Sergeant Buzfuz. The
signing swain who brings an action for breach
of promise of marriage is pretty sure to be
laughed at in Court. This is one
of our masculine disabilities of which the Con-
ventions never take any notice. But having
no intention of making, and much less of
breaking, such sacred promise, we do not
All we ask for is equality. We
do ut want " be oppressed, We don't want