Glover v. Callahan

DONAHUE, Justice. This is an action of tort to recover damages for an alleged assault by the defendant upon the plaintiff, who at the time was about eight years old. Testimony of the plaintiff and of another girl of the same age, if believed, warranted the finding that the defendant assaulted the plaintiff with the intent carnally to know and abuse her. There was a verdict for the plaintiff. The defendant's bill of exceptions presents to this court exceptions to the admission of evidence, to the refusal of the trial Judge to give requested rulings, and to a portion of the Judge's instructions to the jury. After the plaintiff had testified to acts of the defendant at the time of the alleged assault, she further testified on direct examination that, soon after the alleged assault, she told her mother and a police officer the same facts as to which she had earlier testified. There was evidence that the assault took place between 11.35 and 11.55 a.m. and that the plaintiff's statement to her mother and the police officer occurred between 12.45 and 1 p.m. on the same day. The plaintiff's mother and the police officer testified that after the police officer had talked alone with the plaintiff she then talked with them both and further testified as to what the plaintiff told them at that conversation. This in substance was the same as the testimony of the plaintiff respecting the acts of the defendant.