Legal Opinion

Kirkpatrick v. Parker

Supreme Court of Florida

Decided March 14, 1939PublishedCited by 16 opinions

1Opinion of the CourtWhitfield, P. J.

— The writ of error herein was taken to a final judgment for the defendant below, rendered on a demurrer sustained to a declaration claiming damages in tort for alleged seduction brought by an adult widow, the mother of two children.

“At common law a seduced woman has no cause of action against her seducer since she is a party to the wrongful act * * * ; but it has been held that, even in the absence of any modification of the common law, peculiar circumstances may be sufficient to sustain the action.” 51 C. J. 11.

Such peculiar circumstances may consist of force, duress, or overpowering…

2Cases cited4 opinions

  1. Marianna Lime Products Co. v. McKaySupreme Court of Florida · 1933
  2. Hood v. . SudderthSupreme Court of North Carolina · 1892
  3. Woodbury v. Tampa Water Works Co.Supreme Court of Florida · 1909
  4. First National Bank v. PerkinsSupreme Court of Florida · 1921

3Cited by16 opinions

  1. Shingleton v. BusseySupreme Court of Florida · 1969
  2. Perez v. StateSupreme Court of Florida · 1993
  3. DeMarco v. Publix Super Markets, Inc.District Court of Appeal of Florida · 1978
  4. Breece v. JettMissouri Court of Appeals · 1977
  5. Magierowski v. BuckleyNew Jersey Superior Court Appellate Division · 1956

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