120 Iowa 167 | Iowa | 1903
The petition alleges that plaintiff was, “on or about the 20th day of January, A. D. 1898, an unmarried woman of chaste character; * * * that on or about said 20th day of January, 1898, the said defendant, with artifice, persuasion, and entreaties, and under promise of marriage, did seduce, debauch, and carnally know the-plaintiff, and as a result of sexual intercourse the plaintiff was, on or about the 29th day of September, A. D. 1898, delivered of a.female child.”
After issue is joined on the merits, notwithstanding section 2951 of the Revision of I860, is not found in the Óode, the pleadings will be liberally construed, with a view to effectuating substantial justice between the parties. Gray v. Coan, 23 Iowa, 344; Foster v. Elliott, 33 Iowa, 216. Especially is this true after trial, for “an error or defect in the proceeding which does not affect the substantial rights of the adverse party” is to be disregarded (Code, section 3601) even though such errors are in the pleadings. Coates v. Davenport, 9 Iowa, 227; Doniphan v. Street, 17 Iowa, 317. While nothing is to be assumed in favor of the pleader unless averred, he is to be accorded the advantage of every Reasonable intendment, even to implications necessarily inferred, regardless of technical objections or informalities. Sell v. Miss. R. Logging Co., 88 Wis. 581 (60 N. W. 1065); Moffat v. Fulton, 132 N. Y. 507 (30 N. E. Rep. 992); Kean v. Mitchell, 13 Mich. 207; Jack v. Weiennett, 115 Ill. 105 (3 N. E. Rep. 445, 56 Am. Rep. 129); Ornman v. Mannix, 17 Colo. 564 (80 Pac. Rep. 1037, 17 L. R. A. 602, 31 Am. St. Rep. 840). See chapter on. “Construction of pleadings,” 4 Ency. P. & P. 741.
The petition, as we think, fully apprised the defendant that the plaintiff would claim on the trial that she
II. The court advised the jurors, in estimating the damages to be allowed, to “consider, first, loss of time by plaintiff, the expense incurred for medical attendance while sick and the like; second, physical suffering;
In another respect the instruction is said to be erroneous. The only evidence relating to medical attendance was that of plaintiff, who testified th.at “Dr. Jensen, of
III. Fault is also found with the eighth instruction, on the ground that the jury might have become confused in attempting to follow it. That it is not subject to this
“You are to try the question in the case submitted to you upon the testimony introduced upon the trial, and upon the law as given you by the court in these instructions. The court, however, has not attempted to embody all the law applicable to this case in any one of these instructions, but in considerating any one instruction you must .construe it in the light of and in harmony with every other instruction given, and, so considering and so construing, apply the principles in it enunciated to all the evidence admitted upon the trial.” — AeeiRmed.