Legal Opinion

Hewit v. Prime

New York Supreme Court

Decided May 15, 1839PublishedCited by 37 opinions

This was an action on the case tried at the Essex circuit, in June, 1835, before the Hon. Eseic Cgiven, then one of the circuit judges. The suit was brought for the seduction of a daughter of the plaintiff, of the age of about seventeen, whilst she was a member of the family of her father. She became a mother in April, 1835, and this suit was commenced on the thirteenth day of September preceding, after she became pregnant.

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This was an action on the case tried at the Essex circuit, in June, 1835, before the Hon. Eseic Cgiven, then one of the circuit judges. The suit was brought for the seduction of a daughter of the plaintiff, of the age of about seventeen, whilst she was a member of the family of her father. She became a mother in April, 1835, and this suit was commenced on the thirteenth day of September preceding, after she became pregnant. On her examination in chief, she testified that she was persuaded by the defendant to swear the child upon some person other than himself, on his promising that if she…

1Opinion of the Court

By the Court,

Nelson, Ch. J.

The witness, (the physician,) I think, was not privileged. It is very doubtful whether the communication made to him by the defendant can be considered as consulting him professionally, within the meaning of the statute; and it is certain that the information given was not essential to enable him to prescribe for the patient, if the daughter of the plaintiff should be considered a patient in respect to the transaction. 2 R. S. 406, § 73.

The judge ruled in the course of the trial, that no actual loss of service, expense or damage, prior to the commencement of the…

2Cases cited1 opinion

  1. Clark v. FitchNew York Supreme Court · 1829

3Cited by37 opinions

  1. Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
  2. Pickle v. PageNew York Court of Appeals · 1930
  3. Pegram v. StortzWest Virginia Supreme Court · 1888
  4. Riddle v. McGinnisWest Virginia Supreme Court · 1883
  5. Lavery v. CrookeWisconsin Supreme Court · 1881

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