Damon v. Moore
New York Supreme Court
This action was brought by the plaintiff, as mother, to recover damages sustained by reason of defendant’s having “ debauched and carnally known ” her daughter and servant. The answer denies most of the material allegations of the complaint, alleges that the daughter was_ not the servant of plaintiff, and that she became pregnant, if at all, by some person other than the defendant, and with the privity and consent of plaintiff.
Read the full summary
This action was brought by the plaintiff, as mother, to recover damages sustained by reason of defendant’s having “ debauched and carnally known ” her daughter and servant. The answer denies most of the material allegations of the complaint, alleges that the daughter was_ not the servant of plaintiff, and that she became pregnant, if at all, by some person other than the defendant, and with the privity and consent of plaintiff. The action was referred, and the referee reported in favor of the plaintiff, assessing her damages at $1,500. It appeared from the evidence that the plaintiff was a…
1Opinion of the CourtPotter, J.
The plaintiff had a right to maintain this action by reason of her relation of mother of her minor daughter, entitled to her services and wages, the father being dead, and the daughter being the servant of and living with her mother, upon the showing a loss of service, which was done. This point is not controverted on the argument.
The several findings of fact by the referee are sustained, either upon conflicting or upon undisputed evidence; and upon a careful examination of the case, I do not find a reason for a reversal of the judgment on the ground of its being against the weight of…
2Cases cited6 opinions
- Whitney v. HitchcockNew York Supreme Court · 1847
- Lipe v. . EisenlerdNew York Court of Appeals · 1865
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Badgley v. DeckerNew York Supreme Court · 1865
- Seagar v. SligerlandNew York Supreme Court · 1804
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Watson v. WatsonMichigan Supreme Court · 1884
- Tillotson v. . CurrinSupreme Court of North Carolina · 1918
- Fields Ex Rel. Fields v. BrinsonSupreme Court of North Carolina · 1920
- Holliday v. ParkerNew York Supreme Court · 1880
- Kerns v. HagenbuchleThe Superior Court of New York City · 1892
4 more not listed; retrieve them via the Exa API.