Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-11-15
Cumberland County.

Florence Z. Hickey vs.: George v
/ THIS case is before the law court o
! defendants exceptions and motion for
, new trial Il is an action for breacf
Of promise of marriage. wherein seduc-
I ton is alleged in asgravatiou of the
I The Exceptions:
/. The great weight Of authority is
that, while damages for seduction, as a
distinct cause Of action, cannot be added
I to the damages for the breach OF the
promise of marriage, yet, If the fact Of
seduction is alleged. it may be shown in
(; aSgrayation of the damages, on the
ground that the damages resulting to the
plaintiff by reason of. the breach OF thc
marriage contract cannot be justly esti-
mated without taking into consideration
that increased humiliation and keener
sense of shame and disgrace. on account
of the seduction, which the breach of the
contract of marriage subjects her to.
Evidence of the alleged seduction was
properly admitted in this case.
2 The evidence in relation to the
abortion was admissible as. tending to
show that the defendant was guilty of
the alleged seduction OF the plaintiff.
That was the only Significance of that
evidence, and the court in charging the
jury expressly SO instructed them.
3. As to the other exceptions no error
is perceived in the rulings complained
of, and they are not urged in the brief
of the learned counsel for the defendant
The Motion.
The plaintiffs contention, briefly stat
ed, as We gather it from the record, Is
this: That after she and the defendant
had been keeping company with each
other for several months, an engage
ment OF marriage was entered into be-
tween them in the year 1908 or 1915: that
she was then about n Years of age, and
! he 90: that he had been married, ana
was keeping a country grocery store adj
Joining her fathers dwelling house; that
about six months after the engagement
their relations became meretrieieus and
continued So that the marriage cere-
mony was deferred by mutual consent
during the Lifetime of the plaintiffs
parents because of their opposition to
the defendant, that, although they had
petty quarrels. the engagement contin-
ued i'm force and effect, that the subject
of their marriage was often discussed
between them. and that on at least two
other occasions he specifically promised
TO marry her.--in 1909 after the death OF
her father, and i'm 1910 after the death of
her mother; that she had never released
him from his promise or in any man
ner waived il, and that II was subsist-
ing contract between them at the time
of his marriage to Miss Brown in
January 1911.
The defendant on the other hand. adj
hitting that he kept company with the
plaintiff during the period as claimed by
J her. ard that their relations We're init
mate and meretricious, claimed that he
never promised TO marry her until the
/ fall Of 1909 that they had been having
y more or less trouble and finally then
/ promised 10 marry her on condition that
| She would conduct herself IN becom-
| ing manner for six months: and that she
| did not fulfll that condition., whereby he
| was released from his promise.
! In addition to the testimony OF the
parties there We're other facts and cir
: cumstances shown more or less In cor
| roboration of their respective claims and
contentious The issues involved in the
I oueStian of the defendants liability
I were fully and clearly presented to the
| Jury by the presiding justice. The evidence
| is voluminous. We have examined u WITH
| care and we are not persuaded by the
| evidence that the finding of the jury in
| the plaintiffs favar Is Enthusiastically
| wrong.
Although the damages awarded in this
case seem quite liberal in view of the
, evidence of the defendants financial
worth at the time of the breach of thu
| alleged contract. nevertheless they d.
not appear To MS to be so clearly eXces
sive or disproportioned TO the. plaintiff,
loss resalt h; n IRON the r derenda MT
under all the circumstances disclosed
that the verdict ought TO be disturbed
| on that ground
Exceptions and motion overruled.