Kennedy v. Shea
Massachusetts Supreme Judicial Court
Tout by trustee process for seducing Mary Kennedy, the plaintiff’s minor daughter. Writ dated September 18, 1870. At the trial in the Superior Court, before Putnam, J., the plaintiff introduced evidence tending to show that in January 1862 his daughter was living in the family of one Warner, at Springfield, under a contract made with her “ that she should receive for her services $1.50 per week, that she should have a part of Sundays for herself, that if she went out on…
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Tout by trustee process for seducing Mary Kennedy, the plaintiff’s minor daughter. Writ dated September 18, 1870. At the trial in the Superior Court, before Putnam, J., the plaintiff introduced evidence tending to show that in January 1862 his daughter was living in the family of one Warner, at Springfield, under a contract made with her “ that she should receive for her services $1.50 per week, that she should have a part of Sundays for herself, that if she went out on Sundays in the morning, she was to be back at three o’clock, and if she went in the evening, she was to be back at ten…
1Opinion of the CourtAmes, J.
In order to maintain an action of this description, fche plaintiff is required to prove that the relation of master and lervant between himself and his daughter existed, either in fact *150or constructively, at the time of the seduction. According to numerous decisions of the courts of New York, Pennsylvania, and some other states of our Union, this relation is sufficiently proved by evidence that the daughter was a minor, and that the father had a right to her services. Those decisions also lay down the rule that the effect of such evidence is not impaired by the fact, that, at the time of the…
2Cases cited4 opinions
- Clark v. FitchNew York Supreme Court · 1829
- Martin v. PayneNew York Supreme Court · 1812
- Nickleson v. StrykerNew York Supreme Court · 1813
- Mercer v. WalmsleyCourt of Appeals of Maryland · 1820
3Cited by29 opinions
- Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980
- White v. MurtlandIllinois Supreme Court · 1874
- Thibault v. LalumiereMassachusetts Supreme Judicial Court · 1945
- Reutkemeier v. NolteSupreme Court of Iowa · 1917
- Marshall v. TaylorCalifornia Supreme Court · 1893
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