Dain v. . Wycoff
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the sixth district, where a motion for a new trial, made upon a bill of exceptions, had been denied, and judgment rendered upon a verdict in favor of the plaintiff. This was an action to Recover damages for the seduction of the plaintiff’s minor daughter.
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Appeal from the general term of the Supreme Court, in the sixth district, where a motion for a new trial, made upon a bill of exceptions, had been denied, and judgment rendered upon a verdict in favor of the plaintiff. This was an action to Recover damages for the seduction of the plaintiff’s minor daughter. The daughter, Sally Dain, when about fourteen years of age, had been indented as a servant to the defendant; by whom she was shortly afterwards seduced, and when about sixteen years old, became pregnant. The defendant induced the girl to take drugs, to procure an abortion, but the attempt…
1Opinion of the Court
1. The offer of the defendant to prove the bad character of the plaintiff who was the father of the girl seduced was properly overruled. His character was in no sense in issue. If a jury were authorized to take the feelings of the plaintiff into account in assessing damages the evidence would not tend to enlighten them upon that subject unless insensibility is deemed a legal consequence of a bad reputation. Such an inference would not be in accordance with the facts nor is it a presumption of law.
2. The plaintiff's counsel asked a witness what the defendant was worth. The question was…
2Cited by13 opinions
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- Belco Petroleum Corp. v. AIG Oil Rig, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Watson v. WatsonMichigan Supreme Court · 1884
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