Blanchard v. Ilsley
Massachusetts Supreme Judicial Court
Tort for seducing a girl under twenty-one years of age, alleged to be the plaintiff’s servant. At the trial in the Superior Court, before Allen, J., there was evidence tending to prove the following facts: The girl was born July 13, 1855. In 1868 she came to live with the plaintiff and his wife, who was the girl’s sister, at Jamaica Plain, and thereafter, with the exception of her absence at school or on visits, continued to live in the plaintiff’s house as her home.
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Tort for seducing a girl under twenty-one years of age, alleged to be the plaintiff’s servant. At the trial in the Superior Court, before Allen, J., there was evidence tending to prove the following facts: The girl was born July 13, 1855. In 1868 she came to live with the plaintiff and his wife, who was the girl’s sister, at Jamaica Plain, and thereafter, with the exception of her absence at school or on visits, continued to live in the plaintiff’s house as her home. There was no evidence of any intention on her part to return to live with her father, or of any intention on his part to invite…
1Opinion of the CourtColt, J.
Actual loss of service by the wrongful act of the defendant is the technical foundation of the plaintiff’s action. Such loss of service will be presumed in favor of the father who has not parted with his right, where the daughter is under age and resides with Mm ; Hewitt v. Prime, 21 Wend. 79 ; and, according to the more recent American cases, where he retains the legal right to claim her service, although she resides and is temporarily employed elsewhere. It results from the legal obligation imposed upon him to provide for her support and education, which gives him the right to the profits…
2Cases cited4 opinions
- Hewit v. PrimeNew York Supreme Court · 1839
- Furman v. . Van SiseNew York Court of Appeals · 1874
- Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
3Cited by6 opinions
- Malone v. TopferCourt of Appeals of Maryland · 1915
- Graham v. WallaceAppellate Division of the Supreme Court of the State of New York · 1900
- Blagge v. IlsleyMassachusetts Supreme Judicial Court · 1879
- Ackermann v. HaumuellerMissouri Court of Appeals · 1910
- Fitzgerald v. ConnorsSupreme Court of Vermont · 1914
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