Murrilla v. Guis

Citations

• 51 Wash. 93
• 98 P. 100
• 1908 Wash. LEXIS 974

Syllabus

<p>Discovery — Interrogatories —■ Materiality — Striking Out —- Waiver of Error. Defendant’s right to demand interrogatories tending to a discovery of tbe fact that plaintiff was under age and incapacitated from suing, which were struck out because her complaint alleged that she was only nineteen, is waived if not renewed after amendment of the complaint to show that she was twenty-three.</p> <p>Seduction — Action for Damages — Statutes—Extraterritorial. Effect — Evidence—Presumption as to Laws of Sister State. Bal. Code, § 4831, providing that an action for seduction may be maintained by an unmarried female authorizes a suit in this state for a seduction committed in another state or territory, in the absence of allegation as to the laws of the sister state, the presumption being that they are the same as the laws of this state.</p> <p>Same — Inducements—Evidence—Sufficiency. The evidence is sufficient to show a prima facie case of seduction, where, although the plaintiff’s evidence showed a case of rape in the first instance. she consented to the continuation of relations for several months, on the promise of the defendant to protect her and by reason of her frame of mind produced by the first ravishment.</p> <p>Same — Previous Chaste Character of Plaintiff — Weight of Evidence — Question for Jury. In an action for the seduction of an actress, employed in a dance hall and saloon to sell liquor and entertain customers, the previous chaste character of the plaintiff and the weight of her evidence, as against that of the defendant, who admitted that he was one of the proprietors of the place and that the same was a house of ill-fame, is for the jury.</p>