Shafer v. Grimes
Supreme Court of Iowa
Appeal from Ringgold District Court. Actions ex delicto, survivor oe, etc.: seduction.— Mary Ellen Shafer in her life-time commenced this action, by attachment, in her own name to recover damages for her seduction. She died before trial,' and her administrator was substituted as plaintiff, and a verdict was rendered in his favor for one thousand dollars. Judgment passing upon the verdict, defendant appeals. The questions made appear in the opinion.
1Opinion of the Court
Dillon, Ch. J.
i. abatement: Sfo!-CT seduction. This action was brought by the plaintiff’s intestate in her life-time, under section 2790 of the Revision, which enacts that “ An urimarriecl female may prosecute, as plaintiff, an acti0n for her own seduction, and recover such damages as may be found in her favor.”
Before trial she died, and her administrator was substituted as plaintiff and had a recovery. The record presents *552tlie question, , whether the action could survive to the administrator ? If this question were addressed to our sympathies, or to the common, instead of the legal…
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