Moritz v. Garnhart
Supreme Court of Pennsylvania
ERROR to the common pleats of Northumberland county. This was an action on the case by William Moritz against Baltzer Garnhart for the abduction of Rebecca M’Ewen per quod servitium amisit. The fact was clearly proved that Rebecca M’Ewen was the illegitimate child of Louisa Moritz, the plaintiff’s daughter; that it was then about ten years of age, and had lived in the family of its putative grandfather for five or six years, and was seduced away by the defendant.
Read the full summary
ERROR to the common pleats of Northumberland county. This was an action on the case by William Moritz against Baltzer Garnhart for the abduction of Rebecca M’Ewen per quod servitium amisit. The fact was clearly proved that Rebecca M’Ewen was the illegitimate child of Louisa Moritz, the plaintiff’s daughter; that it was then about ten years of age, and had lived in the family of its putative grandfather for five or six years, and was seduced away by the defendant. After the plaintiff had proved these facts and closed his evidence, the court below instructed the jury that the plaintiff had not…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The court thought the action could not be maintained on the relation of master and servant, unaided by that of parent and child, without' proof of service by hiring. Such undoubtedly was the rule of the common law; and, in the case of an ordinary servant, such it is still. In the case of a child however, it is so far relaxed that employment in acts of service is equivalent to a state of servitude. The most frequent occasion for its operation thus mitigated *303is furnished by the action for seduction founded technically on the relation of…
2Cited by24 opinions
- Young v. HippleSupreme Court of Pennsylvania · 1922
- Gwiszcz AppealSuperior Court of Pennsylvania · 1965
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Latney's AppealSuperior Court of Pennsylvania · 1941
- McGarr v. National & Providence Worsted MillsSupreme Court of Rhode Island · 1902
19 more not listed; retrieve them via the Exa API.