63 Vt. 449 | Vt. | 1891
Tbe opinion of tbe court was delivered by
Tbe plaintiff’s evidence tended to sliow tliat sbe was eight years of age; that on tbe 24tb day of December, 1888, she and her sister, Josephine, were in tbe kitchen at tlieir
"With this proof before the jury, they would have been justified in finding that the plaintiff, by the acts of the defendant, was in fear of great bodily harm from the beginning to the end
Any invasion of the plaintiff’s right to absolute security against violence to her person was unlawful; and, if the defendant exposed his person to her in such a manner as to indicate a purpose to violate her person and to justly put her in fear that he would do so, he was guilty of an assault upon her; and such exposure, accompanied by acts indicating such a purpose, would constitute an actionable injury to her. Alexander v. Blodgett, 44 Vt. 476.
The acts of the defendant which were excluded from the consideration of the jury tended to show the purpose and design, of the defendant in making and continuing the assault upon the-plaintiff, and the acts were such as would be likely to put her in. fear of bodily injury; and it was error to exclude this evidence: from the consideration of the jury.
The defendant denied being in the house on the occasion, when the plaintiff claimed she was assaulted, and gave evidence-tending to show that he was in his own house, near by, the whole-of that day. To rebut this claim, the plaintiff offered to show that the defendant was prosecuted for an assault upon her sister,, at the time and place of the assault upon herself, and that the defendant plead guilty to this charge. The court excluded this evidence. The plaintiff had a right to meet this claim of the defendant’s, by his admission that he made an assault upon t-he sister-at the time and place when and where she claimed to have been assaulted; and the fact that such admission was in a court of justice, and the same was made a matter of record, and thereby rendered more certain than an admission made out of court, did not render the evidence inadmissible, and the court should have permitted the plaintiff to show, by evidence legal in its character, that the defendant did plead guilty to the charge thus made.
The judgment reversed cmd cause is remanded.