Bartley v. . Richtmyer
New York Court of Appeals
This was an action on the case brought by the plaintiff for the seduction of his step-daughter, Gitty Ellen McGarey, tried [39] at the Schoharie circuit, before Parker, circuit judge, in May, 1847. It was proved on the trial that Gitty was five years old when the plaintiff married her mother, and that she was gotten with child hy the defendant in November, 1845, while she was engaged in the service of his father, on her own account and at stipulated wages, she being then…
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This was an action on the case brought by the plaintiff for the seduction of his step-daughter, Gitty Ellen McGarey, tried [39] at the Schoharie circuit, before Parker, circuit judge, in May, 1847. It was proved on the trial that Gitty was five years old when the plaintiff married her mother, and that she was gotten with child hy the defendant in November, 1845, while she was engaged in the service of his father, on her own account and at stipulated wages, she being then about nineteen years old. She had lived in the family of the plaintiff and performed services there until she was about…
1Opinion of the Court
Bronson, Ch. J.
The declaration is in case, for debauching Gritty Ellen McGarey, the plaintiff’s step-daughter and servant, then under age, and getting her with child, whereby the plaintiff lost her services, and was put to the expenses of her lying in. Actions of this kind are founded on the relation of master and servant; and the gist of the action, whether it be case or trespass, is the master’s loss of services in consequence of the wrong done by the defendant. The principle is the same as it is in an action for beating a servant, by means of which the master lost his services. In neither…
2Cases cited12 opinions
- Whitney v. HitchcockNew York Supreme Court · 1847
- Clark v. FitchNew York Supreme Court · 1829
- Martin v. PayneNew York Supreme Court · 1812
- Loring v. BaconMassachusetts Supreme Judicial Court · 1808
- Moritz v. GarnhartSupreme Court of Pennsylvania · 1838
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3Cited by26 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Sargent v. FolandOregon Supreme Court · 1922
- Breon v. HenkleOregon Supreme Court · 1887
- Lavery v. CrookeWisconsin Supreme Court · 1881
- Snider v. Newell.Supreme Court of North Carolina · 1903
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