Rodetsky
Rodetsky v. Nerney
Opinion
Lead Opinion
Cashin, J.
Appeal by Cecelia Rodetsky from a judgment of the superior court of the state of California, in and for the city and county of San Francisco, made and entered in favor of T. A. Nerney, respondent herein.
The action was for damages for breach of promise to marry, with seduction alleged in aggravation of the damages. The case was tried before a jury. The verdict was for respondent. A motion by appellant for a new trial was denied and she appeals from the judgment.
The appellant complains of certain rulings of the trial court in permitting respondent, whose character had not been attacked, to introduce evidence tending to show that his reputation for chastity and morality was good. This is the only point made by appellant as ground for reversal.
Decisions directly in point are few, and these from jurisdictions other than California. That the general rule is against the admissibility of such evidence unless the issue •involves the character of the party is well settled (Vance v. Richardson, 110 Cal. 414 [ 42 Pac. 909 ]; Title Ins. Co. v. Ingersol, 153 Cal. 1 [ 94 Pac. 94 ]; Greenleaf on Evidence, see. 54; Wigmore on Evidence, sec. 64). As stated by Mr. Wigmore in the section of his…