Tillotson v. . Currin
Supreme Court of North Carolina
Appeal' by defendant from Bond, J., at the April Term, 1918, of GRANVILLE. This is an action brought by the father to recover damages for the seduction of his daughter. The evidence of the plaintiff tended to prove that the intercourse with the daughter was brought about by force, and that the daughter was under twenty-one years of age. The defendant denied that he had intercourse with the daughter.
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Appeal' by defendant from Bond, J., at the April Term, 1918, of GRANVILLE. This is an action brought by the father to recover damages for the seduction of his daughter. The evidence of the plaintiff tended to prove that the intercourse with the daughter was brought about by force, and that the daughter was under twenty-one years of age. The defendant denied that he had intercourse with the daughter. The daughter has given birth to a child, and she testified the defendant was its father. At the conclusion of the evidence the defendant moved for judgment of nonsuit upon the ground that the…
1Opinion of the CourtAlleN, J.
The right of the father to recover for debauching his daughter is based upon the loss of services growing out of the relation of master and servant, which, as said by Nash, J., in Briggs v. Evans, 27 N. C., 20, is “a figment of the law to' open to him the door for the redress of his injury,” but is, however, “the substratum on which the action is built.” If the daughter is under twenty-one years of age, the loss of services is presumed and no evidence of the fact need be offered; and if over twenty-one, the slightest service, such as handing a cup of tea, milking a cow, is sufficient at…
2Cases cited14 opinions
- State v. . HollySupreme Court of North Carolina · 1911
- Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
- Mitchell v. . R. R.Supreme Court of North Carolina · 1899
- Marshall v. TaylorCalifornia Supreme Court · 1893
- Snider v. Newell.Supreme Court of North Carolina · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- State v. . SmoakSupreme Court of North Carolina · 1938
- Hunt v. EureSupreme Court of North Carolina · 1925
- Johnson v. MassengillSupreme Court of North Carolina · 1972
- State v. SmoakSupreme Court of North Carolina · 1938
6 more not listed; retrieve them via the Exa API.