Phelin v. Kenderdine
Supreme Court of Pennsylvania
This ease was brought tip from the Nisi Prius. It was an action of trespass on the case to March Term, 1850, by Kenderdine v. Phelin, for debauching the plaintiff’s daughter. The narr. contained two counts; in the one was alleged a carnal knowledge and getting with child, concluding with a per quod in the usual form; in the second the death of the daughter was also alleged. The plea was not guilty.
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This ease was brought tip from the Nisi Prius. It was an action of trespass on the case to March Term, 1850, by Kenderdine v. Phelin, for debauching the plaintiff’s daughter. The narr. contained two counts; in the one was alleged a carnal knowledge and getting with child, concluding with a per quod in the usual form; in the second the death of the daughter was also alleged. The plea was not guilty. The case was tried before Gibson, J., in December, 1851. The daughter of the plaintiff lived at home, and employed herself in household duties, &c. Mrs. Ham, another daughter of the plaintiff, was…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
The distinguished advocate of the principle, that damages in actions of tort are, in all cases, to be limited to mere compensation for the injury sustained by the plaintiff, admits that the doctrine of exemplary damages “finds more countenance from the bench in Pennsylvania than in any other quarter 2 Greenl., § 253, note. A long course of practice, evidenced by numerous decisions, reported and unreported, has settled the doctrine in this state so firmly that it would be a waste of time to discuss the question. Nor can it be said that our…
2Cited by20 opinions
- Johnson v. United StatesSupreme Court of the United States · 1943
- Elliott v. StateSupreme Court of Georgia · 2019
- United States v. Melvin P. DeutschCourt of Appeals for the Second Circuit · 1993
- Butz v. StateCourt of Appeals of Maryland · 1959
- Matter of SilverbergSupreme Court of Pennsylvania · 1974
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