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Page 134 text:
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nltllllilti if l'i 'la' num ffl' if t , r gif ' ii I ,f'f I' X if I 9 2' hg h iq- ff ,,,,l i 'ft 'W N A ' .- ls . ' r x 'wtf' ll Iih llxl Ml ll F 'll' All Xl ' Monroe v. fowan Q29 Action for zfresjvczss on the case. Defendant is charged with alienation of affections. Damages and a perpetual injunction asked, Facts are sufficiently stated in opinion. ' MILEK, C. I. The plaintiff, a student of the Law College at the University of Nebraska, alleges considerable progress in win- ning the affections of a classmate, Miss Berthag that he frequently chatted with her in the library, that he sat beside her in class, that he frequently borrowed her case-book, and that he on one occasion, to-wit, the thirtieth day of -February, escorted her to the Oliver theater to witness a secmce of Flint, the magician. to substantiate which allegation there was jnirofert and Oyez' of two stub-checks for gallery seats. He further alleges that one Cowan, also a student of the Law College of the University of Nebraska, with full knowledge of the status quo of the plaintiff and Miss Bertha, with full knowledge of the plaintiff's efforts to win' the affections of the aforesaid Miss Bertha, and with full knowledge of plaintiff's trouble and expense in escorting her to witness the sc5a1zce of Flint, the magician, did with malice aforethought, enter into conversation with the aforesaid 'Miss Bertha, that the defendant without provocation offered to and did search for books for her 5 that without any express consideration, the said defendant on divers occasions and publicly sat beside her ' 128
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Page 133 text:
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V 'O Annie Moore! O Ann your love so warm? nior Law ie Moo1'e! Is this The love that loves a Se Should be more l1DifO1'I11. VI Said she, I loved a student once. He owned a. dog so braveg But I will never have a man Whose dog is in the grave. VII 'fBefore your dog was dead and gone Your love I did allow, But since youive lost your better half I will not have you now! VIII O false and fickle Annie Moore, Your 'no' I understandg vour heart, Sorne other dog has won N Some other IH an your hand. IX Now when he went from Annie Moore He took a long farewell, And swore that in a. single state He ever more would dwell. E. S 6 J do 4, ' ' 5 5 ie! 127
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Page 135 text:
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in the library for the full period of one hourg that on such occasions he whispered, smiled, and de1neaned himself in a manner purposely calculated to win the affections of a suspecting girlyg that with full knowledge of the probable effects of his acts he purchased and wore a new necktie, and expended considerable sums of money in the purchase of peanuts. And the plaintiff further alleges that by reason of the afore- said malicious acts of the defendant, the position of the plaintiff in the affections of the aforesaid Miss Bertha has become a matter 1'1zd11b1'fczi115,' and that his mental suffering has induced sleeplessness and consequent loss of ilesh and appetite. The plaintiff prays that he be decreed five dollars damages, and that an injunction be granted perpetually restraining the defendant from departing from the usual tenor of his way in order to win the affections of the aforesaid Miss Bertha. An injunction is granted for two months, which is sufficient time for the plaintiff to make good. If he fails within such time, public policy and the court's high regard for the principle of dclicfzzs pcfzrofzaey, as well as the need of encouraging individual initiative, requires the removal of the fetters of the law from the defendant. The plaintiff's claim for damages is not supported by precedents. They are the natural consequence of his own premeditated actions to win the affections of a member of the gentler sex. The well-settled principle governing in such cases is that all damages incurred in such efforts are damvzzmz absque izzjzzvfia. The New York courts hold a reverse rule. But the cases may be reconciled on the ground that New York girls and Nebraska girls are not the same. D .29 fred bf. Qfweeleq ,aff Baseball man and social light, Pushes things with all his might, Clubs the Glee Club Awith high glee, Fred A. Sweeley, K. K. G. 129
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