Logan v. Murray
Supreme Court of Pennsylvania
In Error. THE declaration in this case, which was removed to this ’ Court by writ of error, from the Common Pleas of Westmoreland county, set forth, that the defendant, James Murray, on the 16th September, 1815, with force and arms, at the county aforesaid, made an assault on Sarah Logan, then and yet being, the daughter and servant of the plaintiff, Margaret Logan, and the said Sarah, then'and there did beat, wound, and ill treat, and did debaüch, carnally' know,…
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In Error. THE declaration in this case, which was removed to this ’ Court by writ of error, from the Common Pleas of Westmoreland county, set forth, that the defendant, James Murray, on the 16th September, 1815, with force and arms, at the county aforesaid, made an assault on Sarah Logan, then and yet being, the daughter and servant of the plaintiff, Margaret Logan, and the said Sarah, then'and there did beat, wound, and ill treat, and did debaüch, carnally' know, impregnate, and get with child, whereby the said Margaret, lost the comfort and service of the said daughter for a long time, to…
1Opinion of the Court
Duncan J.,
briefly stated the facts, and then delivered the opinion of the Court as follows:
For this injury to the parent, trespass will lie. Although the action may be framed in case, yet trespass seems to be adopted generally, as the form of action: but whether *177brought in trespass or in case, the loss of service is the legal foundation of the action ; the consequence, is matter of gravation. Postlethwaite v. Parkes, 3 Burr. 1878. If the daughter be above the age of twenty-one years, there must exist some kind of service, but the slightest acts constitute the relation of master and servant;…
2Cited by12 opinions
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- South v. DennistonSupreme Court of Pennsylvania · 1834
- George v. HornNew York Supreme Court · 1850
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