White v. Nellis
New York Supreme Court
THIS was an action of trespass on the case, for debauching and getting with child, Jane, the minor daughter of the plaintiff, and for imparting to her a venereal disease, by means of which the plaintiff lost her services, and was obliged to expend a large sum of money for the expenses of her lying in, &c. and for procuring her cure of said disease. The defendant, by bis answer, denied the allegations of the complaint.
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THIS was an action of trespass on the case, for debauching and getting with child, Jane, the minor daughter of the plaintiff, and for imparting to her a venereal disease, by means of which the plaintiff lost her services, and was obliged to expend a large sum of money for the expenses of her lying in, &c. and for procuring her cure of said disease. The defendant, by bis answer, denied the allegations of the complaint. The cause was tried at the Oswego circuit, in December, 1856. The fact of .the illicit intercourse between the defendant and the-female, and that he communicated to her a…
1Opinion of the Court
By the Court, Pratt, J.
This case presents the simple question whether a master can maintain an action for the seduction of his servant, in a case where pregnancy does not follow the illicit intercourse. There was in this case proof, sufficient to he submitted to the jury, of a loss of service as the result of the seduction. I think no sufficient reason has been suggested why the action, in such case, will not lie. The wrongful act of the defendant consists in the seduction, and the loss of service constitutes the resulting damage, to recover which the action is brought. If the loss of service…
2Cases cited1 opinion
- Knight v. WilcoxNew York Supreme Court · 1854
3Cited by2 opinions
- Gray v. DurlandNew York Supreme Court · 1867
- Leloup v. EschausseCity of New York Municipal Court · 1884