Hubbele v. Wheeler
Supreme Court of Vermont
THE defendant was attached to answer unto the in a plea of trespass, for that the said Philander, hereto&repio wit, at, &c. on the 1st day of January, 1819, with forcjLaiadj arms, broke and entered the dwelling-house of the plain!M*R>f which the plaintiff was then and there possessed, and in which-the plaintiff then lived, situated, &c. and assaulted and ill-Velfi ed R. H. then and still the servant and daughter of the pEü%. tiff, and then and there debauched and carnally…
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THE defendant was attached to answer unto the in a plea of trespass, for that the said Philander, hereto&repio wit, at, &c. on the 1st day of January, 1819, with forcjLaiadj arms, broke and entered the dwelling-house of the plain!M*R>f which the plaintiff was then and there possessed, and in which-the plaintiff then lived, situated, &c. and assaulted and ill-Velfi ed R. H. then and still the servant and daughter of the pEü%. tiff, and then and there debauched and carnally knew said R. and got her with child, by means of which said R. became sick, and unable to do and perform the necessary…
1Opinion of the Court
And now, at this term, the following opinion of the Court was delivered by
Prentiss, J.
Notwithstanding the opinion expressed by Bul-ler, J. in Bennett vs. Alcol, 2 T. Rep. 167, that case is the appropriate action for the- injury of seduction, it is well settled, and we think correctly, too, that trespass is the proper remedy. “If the injury of seduction,” said that learned judge, “is accompanied with an illegal entry of the house of the parent, he has his election, either to bring trespass for the breaking and entering, and lay the debauching of the daughter, and loss of her service, as…
2Cited by5 opinions
- Hathaway v. RiceSupreme Court of Vermont · 1846
- Grout v. KnappSupreme Court of Vermont · 1868
- Sawyer v. ChildsSupreme Court of Vermont · 1910
- Newton's Admrx. v. American Car Sprinkler Co.Supreme Court of Vermont · 1914
- Hazen v. DurlingNew Jersey Court of Chancery · 1838