Lampman v. Hammond
New York Supreme Court
Exceptions ordered to be heard in the first instance at the general term. The action was brought by the plaintiff, Elizabeth Lampman, to recover damages for the seduction of her minor daughter, whom the defendant, on March 26, 1872, seduced and got with child. Sophie Schumaker, the person seduced, was aged sixteen years, and was the daughter of the plaintiff by her former husband who died twelve years prior thereto.
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Exceptions ordered to be heard in the first instance at the general term. The action was brought by the plaintiff, Elizabeth Lampman, to recover damages for the seduction of her minor daughter, whom the defendant, on March 26, 1872, seduced and got with child. Sophie Schumaker, the person seduced, was aged sixteen years, and was the daughter of the plaintiff by her former husband who died twelve years prior thereto. At the time of the seduction the said Sophie was in the employ of the defendant, in his house, under an agreement made by the defendant with the plaintiff, whereby the said Sophie…
1Opinion of the CourtE. Darwin Smith, J.
If the plaintiff was the father of the young woman seduced, his right of action would be undeniable and probably unquestioned.
Such right of action is based on the relation of master and servant, and not upon that of parent and child, but the father may maintain the action for the seduction of his minor daughter upon the presumption, without proof, of a loss of service, because he is entitled to command such service. Bartley v. Richtmyer, 4 N. Y. 38; Mulvehall v. Millward, 11 id. 346; White v. Nellis, 31 id. 406.
The real question in the action is, can the mother, after the decease of the…
2Cases cited4 opinions
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Sargent v.New York Supreme Court · 1825
- Badgley v. DeckerNew York Supreme Court · 1865
- Gray v. . DurlandNew York Court of Appeals · 1873