Nickleson v. Stryker
New York Supreme Court
THIS was an action of trespass, for assaulting, debauching and . .ii-i iiti1 _ ° ° getting with child the daughter of the plaintiff, per quod, &c, and was tried before Mr. Justice Thompson, at the Otsego circuit, in September, 1812. _ _ _ The daughter, who was a witness for the plaintiff, at the trial, testified, that she was 29 years old. She lived with her father, the plaintiff, until a short time before her misfortune.
Read the full summary
THIS was an action of trespass, for assaulting, debauching and . .ii-i iiti1 _ ° ° getting with child the daughter of the plaintiff, per quod, &c, and was tried before Mr. Justice Thompson, at the Otsego circuit, in September, 1812. _ _ _ The daughter, who was a witness for the plaintiff, at the trial, testified, that she was 29 years old. She lived with her father, the plaintiff, until a short time before her misfortune. She went to one Layton’s, returned home, and, after a week, went back to Lay-ion’s to work, and while there, on the 24th of October last, her connexion with the defendant…
1Per curiam
As the daughter, in this case, was 29 years of age, and not in the actual service of her father when she had the connexion with the defendant, the plaintiff cannot sustain the action. The rule is settled, that if the daughter be of age, she must be in her father’s service, so as to constitute, in law, and in fact, the relation of master and servant, in order to entitle her father to a suit for seducing her. If she be under age, she is presumed to be under his control and protection, so as to entitle him to the action, whether she actually resides with him or not; and this was the decision of…
2Cited by11 opinions
- Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Magee v. HollandSupreme Court of New Jersey · 1858
- Mulvehall v. . MillwardNew York Court of Appeals · 1854
- Hudkins v. HaskinsWest Virginia Supreme Court · 1883
6 more not listed; retrieve them via the Exa API.