Dalrymple v. Green

Citations

• 88 Kan. 673
• 129 P. 1145
• 1913 Kan. LEXIS 399

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages—Breach of Contract of Marriage—Seduction May be Proven. In an action for damages for the breach of a contract of marriage, seduction may be proven and considered in aggravation of the damages.</p> <p>2. -- Results from Seduction—Not Elements of Damages— Instructions. Where, in such case, evidence is produced of seduction, accomplished by reason of the promise, and that pregnancy resulted from the seduction, miscarriage from the pregnancy, and sickness from the miscarriage, and an instruction is requested which, in effect, would take from the jury the-consideration of the evidence of pregnancy and of the successive results thereof, it is error to refuse it.</p> <p>3. -Same. Where, in such case, there is evidence that some weeks after the alleged seduction sexual intercourse was repeated, from which resulted pregnancy, from which miscarriage, from which sickness, it is error to refuse an instruction to the jury designed to eliminate the evidence of pregnancy and the successive results thereof from the consideration of the jury in determining the amount of damages, if any, to be allowed; neither the promise of marriage nor the breach of it could be the proximate cause of the pregnancy, the miscarriage, or the resulting sickness.</p>