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This section contains the nature of the case and procedural background.

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.

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