Clear v. Reasor
Clear v. Reasor
Opinion of the Court
Appellant makes but two questions. First. It appears, that under his answer defendant introduced material evidence in mitigation of damages, and which, if believed, tended to such mitigation, and that
In the hands of counsel seeking therefor, this instruction is doubtless, as suggested in the argument, justly open to criticism. But not every instruction or ruling thus liable has such prejudicial error as to warrant a reversal. We must give to the language used in this, as in all cases, a fair and reasonable construction, and are bound to presume that the jury, as men of common sense, acting under their oaths, so understood and applied it. It would be doing great violence to this presumption, and to the ordinary course of judicial proceedings, to suppose that the jury looked at airy thing else than the testimony— the facts before them — in determining whether the suspicious qircumstances upon which defendant relied had been or could be explained. The court never intended to say,-nor could the jury well or reasonably understand, that if these circumstances might be explained, if you
Second. It is claimed that the damages are excessive. The jury allowed the whole amount claimed in the petition, and if they believed the testimony of plaintiff’s witnesses they were justified in so doing. The words were spoken, words of the gravest character, imputing a want of chastity. The real contest was as to the wife’s previous character. Defendant’s testimony tended strongly to show it to be bad, A very strong array of witnesses on the part of plaintiff, however, place her above all suspicion, giving her the very highest character as a woman of unusually industrious and commendable habits, in no manner obnoxious to the charge made by defendant and. his witnesses. In this conflict we cannot interfere. It was for the jury to decide. Denslow v. Van Horn, 16 Iowa, 476; Russ v. War Eagle, 14 id. 363; Brown v. Jefferson County, 16 id. 339; Schrimper v. Heilman, 24 id. 505.
Other cases might be cited, for the books are full of them, but these will suffice.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.