220 Mich. 262 | Mich. | 1922
Defendant by writ of error reviews a judgment for plaintiff for $35,000 damages in an action for breach of promise of marriage accompanied by seduction. A motion for a new trial for the reasons, among others, that the verdict was against the great weight of the evidence, and was excessive, was overruled. A somewhat lengthy statement of the facts therefore seems necessary.
Plaintiff and defendant became acquainted in Detroit in 1909. She was then 15 years of. age and he a little older. They became fond of each other and corresponded with some frequency until 1913. They saw each other occasionally until 1915. It is plaintiff’s claim that defendant-proposed marriage to her in 1911 but that she declined on account of their ages. This is denied by defendant. They met quite frequently in 1915. -Defendant was' then employed in Detroit. He admits occasional calls upon plaintiff and automobile rides taken together. Some correspondence passed between them during a time when he was out of the city. It is her claim that defendant proposed marriage to her in July, 1915, and that she accepted him. She also claims that in September, 1916, while driving in an automobile in a secluded spot on, Belle Isle, she yielded to his importunities and permitted him to have sexual intercourse with her; that her consent to the act was procured by his protestations of affection and the assurance that she “was going to be his wife some day and that it really did
Plaintiff began this action on October 23,1917. Defendant claims that in November following plaintiff informed him that she had been induced to consult an attorney and begin the suit by her mother. It appears that on September 5, 1918, plaintiff wrote a letter to defendant, prepared as she claims by him, in which she admitted that defendant had never promised to marry her or had sexual intercourse with her and she expressed her willingness to discontinue the suit. A request that discontinuance be had, prepared by defendant’s counsel, was signed by her. She admits signing these papers but testifies that she did so on the assurance of defendant that they would at once be married. Other facts will be stated in considering the errors relied upon.
“I don’t think there can be any question what happened here today was beyond her control.”
The motion was afterwards overruled. Such incidents are not infrequent during the trial of certain lawsuits. If it be apparent that an effort is being made to prejudice the jury thereby the trial court should declare a mistrial. The' fairness evinced by the trial judge during this long and hotly contested: trial justifies our reliance on the above statement made by him. We find no abuse of discretion in the denial of the motion. Jolman v. Alberts, 192 Mich. 365; Gagush v. Hoeft, 198 Mich. 263.
“I do not believe that the jury were influenced by the argument complained of. There was ample proof to sustain plaintiff’s claim and neither the verdict nor the amount of damages awarded indicated that passion or prejudice influenced the result.”
“Gentlemen of the jury, there has been and probably will be during the course of this trial considerable newspaper publicity. Some things have been published which have not appeared in the evidence in this case. I would much prefer if the members of this jury did not read any of the articles with reference to this case until the trial is concluded. However, if you do read any of these articles, I wish to caution you against forming any impressions or opinions from what you might read. You must bear in mind that you are sworn here to try this case according to the evidence as it was presented to you in open court. You have no right to permit any outside influence to sway your opinion in any way. * * * I will urge you again not to read the articles appearing in the newspapers about this case until the case is over, and particularly not to discuss or permit any one to discuss with you any phase of this case.”
There is no intimation that the plaintiff had anything to do with preparing or publishing the matter complained of. No motion for a mistrial on account thereof was made. There is no way in which a trial
The judgment is affirmed.