Barton v. Bee Line, Inc.

238 App. Div. 501, 265 N.Y.S. 284 (1933)

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Nature of the Case

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Facts

P who was fifteen claimed that while a passenger of D, a common carrier, she was forcibly raped by D's chauffeur. Statutory rape was for those under 18. D claims she consented. The trial court gave a jury instruction that P was entitled to recover even if she consented, although consent might be considered mitigation for damages. P got a verdict of $3000, and the verdict was set aside as excessive if P consented.