Lind v. Closs

Citations

• 88 Cal. 6
• 25 P. 972
• 1891 Cal. LEXIS 637

Syllabus

<p>Instructions — Duty of Jury.—The instructions of the court are the law of the case, so far as the jurors are concerned, and they are bound to follow them, whether they deem them correct or not.</p> <p>Action by Husband for Rape of Wife — Verdict against Evidence — Discredit of Wife’s Testimony — Review upon Appeal. —A verdict against the defendant in an action to recover damages for a criminal assault upon a married woman will be set aside upon appeal as against evidence, where it appears that it was based on the testimony of the wife alone, under circumstances tending to throw discredit upon her testimony, and all other testimony in the case, including uncontradicted evidence as to the actions and admissions of the wife, show it to be * inherently improbable that violence was used.</p> <p>Id.— Appeal— Conflicting Evidence — ¡Rule Inapplicable. —In such a case, the rule that the judgment will be affirmed upon appeal, where the evidence is conflicting, is inapplicable.</p>