Hoffman v. KemererHoffman v. Kemerer
- Reporters:
- ,
- Before:
- Lowrie
The opinion of the court was delivered, by
Lowrie, C. J.All thе questions made on this record mаy be stated in one. In an action for seduction, may the woman who was seduced be asked, on cross-examination, whether she has had connection with other men, for the purpose of showing her bad character, or for thе purpose of laying grounds for contradicting her, if she denies it? We think the court properly negatived this question.
True enough, the parent is entitled to damages for the disgrace brought upon the family by this stain upon the general good chаracter or reputation of the daughter, but is entitled to damages only for the loss of service, if her previous reputation for chastity was bad; and thus reputation becomes an element of the case. But reputation is a fact that is to be directly proved, and not inferred from speciаl acts. A person may have а very good reputation in his or hеr neighbourhood, notwithstanding acts of indiscretion and error. One is prеsumed to have that, and this presumрtion is to be set aside only by proof to the contrary. Proof оf acts is not proof of reрutation. The law does not inquire whether the reputation is well-founded or not; for, to do so, it would havе to investigate the whole life оf the person, which is impossible. Wе take the reputation as w7е find it in society, when we allow damages for the injury to it. The facts offеred to be proved being therеfore irrelevant, the witness cоuld not have been contradicted even if she had denied them. There is no danger of any person having a better reputation in ordinary conduct than he deservеs; however apt society is to estimate persons according to their pretences in those special pursuits that are above the comprehension of ordinary intelligence.
Judgment affirmed.