151 Minn. 63 | Minn. | 1921
These two cases grew out of an alleged assault and battery committed by defendant’s employes on Agnes D. Rennie, the plaintiff in one of the actions. Her husband, William J. Rennie, is plaintiff in the other. The cases were tried together and resulted in verdicts for the defendant. Motions for a new trial were denied and plaintiffs separately appealed.
Plaintiffs occupied the first floor of a dwelling house they owned. Defendant was engaged to move household furniture from the second floor, which was leased to a tenant to whom the furniture belonged. Defendant sent two of its employes to do the moving. Mrs. Rennie testified that, while they were moving the furniture, one of them, a man named La Favor, assaulted her. Her testimony was corroborated to some extent by her daughter. La Favor denied the charge, claiming that Mrs. Rennie assaulted him, and was corroborated to some extent by his companion and by the tenant.
The complaint alleged that the assault was committed intentionally and the case was tried and submitted to the jury on that theory. The evidence, though not particularly convincing, was sufficient to support a finding that an intentional assault was committed. It tended to show that the trouble arose because the furniture was being carried down the front stairway in the house and Mrs. Rennie feared the walls might be marred. She insisted that the furniture should be carried down the back stairway. The men doing the moving insisted that it was impossible to take the larger articles down that way. At that stage of the controversy the tenant engaged in it and there was a prolonged and angry discussion between him and Mrs. Rennie, while defendant’s employes awaited the decision of the question. The upshot was that the tenant directed the men to take certain pieces of furniture down the front way despite Mrs. Rennie’s protests. She planted herself in the men’s
“I don’t know whether he used his hands or fist or what. * * It was the man that pushed me in some way, with his hands or elbows, or what, but he ¡pushed me down the front steps.”
In cross-examination she testified that her tenant and the men asked her to get out of the wray, but she refused. Asked whether she saw La Favor strike her, she answered:
“I didn’t see him exactly hit me, but I could feel him, and I know he was right near me. * * It felt like a fist. * * * A blow.”
Her daughter testified that the men bumped her mother so she fell down the steps; that she did not know whether the man in front struck her with his hand or elbow, but knew he shoved her; that he set down the front end of the buffet and had his arms in front of him, but ¡she could not see his hands or elbows, but did see her mother fall down the steps.
The rule in this state is that in a civil action for damages, where the charge against the defendant involves his moral delinquency, evidence of his good reputation may be received. The cases which so hold are Schuek v. Hagar, 24 Minn. 339, and Bingham v. Bernard, 36 Minn. 114, 30 N. W. 404, in which the charge was an indecent assault, and Hein v. Holdridge, 78 Minn. 468, 81 N. W. 522, in which seduction was charged. In the Hein case it was expressly
Oases may be found in which a reversal was ordered for the improper admission of character evidence in civil actions. Fahey v. Crotty, supra; Pokriefka v. Mackurat, 91 Mich. 399; Gough v. St. John, 16 Wend (N. Y.) 645; Leinkauf v. Brinker, 62 Miss. 255; Simpson v. Westenberger, 28 Kan. 756. Except in the last case cited, the question of the prejudicial effect of the erroneous admission of such evidence is not discussed. We can conceive of a case where evidence of the good reputation of the defendant might turn the scale in his favor and a reversal would, therefore, be demanded. The facts and circumstances in another case might be such that the verdict could not well have been different if such evidence had not been received. Here Mrs. Rennie went upon her tenant’s premises and interfered with the men he had employed to move his furniture. Neither she nor her daughter saw La Favor strike her. The testimony as to La Favor’s good character came from two of defendant’s officers who were interested witnesses. When we take these circumstances into consideration, we cannot think that the verdict
The other assignments of error have been considered, but are not of sufficient importance to require comment.
Orders affirmed.