Mohelsky v. Hartmeister
Missouri Court of Appeals
Appeal from the Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) In an action by a father seeking to recover more than compensatory damages against one who has debauched his daughter, he must allege and prove that the debauching was the result of a seduction. Smith v. Young, 26 Mo. App. 575. (2) In case of criminal connection without seduction damages are confined to loss of service. Hillv. Wilson, 8 Blackf.
Read the full summary
Appeal from the Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) In an action by a father seeking to recover more than compensatory damages against one who has debauched his daughter, he must allege and prove that the debauching was the result of a seduction. Smith v. Young, 26 Mo. App. 575. (2) In case of criminal connection without seduction damages are confined to loss of service. Hillv. Wilson, 8 Blackf. (Ind.) 123. (3) Where connection occurs without flattery or artifice the damages are limited to actual loss. Comer v. Taylor, 82 Mo. 341; Simpson v. Grayson, 54 Ark. 404. (4) At…
1Opinion of the CourtSmith, P. J.
The substantial allegations of the plaintiff1^'petition were that the defendant “with force and arms, maliciously and wantonly assaulted one Frances Mohelsky, who was then the daughter and servant of the plaintiff, an^then maliciously and wantonly debauched and carnalry knew the said Frances Mohelsky, whereby the said Frances Mohelsky became greatly distressed in mind and feeding, impairing her *321health and destroying her capacity to.labor, by means of all which the said Prances Mohelsky was unable to perform the services from the date aforesaid hitherto which the plaintiff as father and master…
2Cases cited16 opinions
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Goetz v. AmbsSupreme Court of Missouri · 1858
- White v. MurtlandIllinois Supreme Court · 1874
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- Franz v. HilterbrandSupreme Court of Missouri · 1869
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mills v. TaylorMissouri Court of Appeals · 1900
- Monahan v. ClemonsCourt of Appeals of Kentucky (pre-1976) · 1926
- Koenke v. BauerMissouri Court of Appeals · 1912
- Parker v. BrunerSupreme Court of Missouri · 1985
- Parker v. BrunerSupreme Court of Missouri · 1985