Anderson v. Aupperle
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Commissioner Slater. Plaintiff sues as one standing in the place of a parent for the seduction of her granddaughter, Viletha Thurman, by defendant, which occurred on or about January 22, 1906. It is alleged that Viletha was then under 18 years of age, and ever since 1893 had been a member of plaintiff’s household, in consequence of the desertion and abandonment in 1891 by her father of his family, and the death of her…
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From Marion: George H. Burnett, Judge. Statement by Mr. Commissioner Slater. Plaintiff sues as one standing in the place of a parent for the seduction of her granddaughter, Viletha Thurman, by defendant, which occurred on or about January 22, 1906. It is alleged that Viletha was then under 18 years of age, and ever since 1893 had been a member of plaintiff’s household, in consequence of the desertion and abandonment in 1891 by her father of his family, and the death of her mother in 1893, and that plaintiff was entitled to the services and society of her granddaughter; that as a result of the…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. At comomn law the only mode in which an action for seduction could be maintained is by bringing such action in the name of some person having a right to the services of the person seduced, the gist of the action being loss of service: 19 Ency. Pl. & Pr. 401; 4 Sutherland, Damages, § 3755. The mere relation of parent and child will not give a right of action for the seduction of an unmarried female. That of master and servant, either actual or constructive, must exist. If such a relation exists, it matters not to the cause of action whether the plaintiff *559be…
2Cases cited13 opinions
- State v. McDanielOregon Supreme Court · 1901
- Kearney v. SnodgrassOregon Supreme Court · 1885
- Farmers' National Bank v. WoodellOregon Supreme Court · 1900
- Nickum v. GastonOregon Supreme Court · 1893
- Bingham v. LipmanOregon Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. MorrowOregon Supreme Court · 1937
- Oregon v. DerryberryOregon Supreme Court · 1974
- Magnuson v. O'DeaWashington Supreme Court · 1913
- Flores v. StateSupreme Court of Florida · 1916
- In Re Rowe's EstateOregon Supreme Court · 1943
13 more not listed; retrieve them via the Exa API.