Lipe v. . Eisenlerd
New York Court of Appeals
Action for the seduction of the plaintiff’s daughter and servant. She was about twenty-nine years of age, and resided generally in the family of her father, who was a farmer, performing such services about the dairy and housekeeping as are usual under such circumstances, and being provided for and supported by him. The defendant kept a tavern, and was a practicing physician, living about three-quarters of a mile from the plaintiff.
Read the full summary
Action for the seduction of the plaintiff’s daughter and servant. She was about twenty-nine years of age, and resided generally in the family of her father, who was a farmer, performing such services about the dairy and housekeeping as are usual under such circumstances, and being provided for and supported by him. The defendant kept a tavern, and was a practicing physician, living about three-quarters of a mile from the plaintiff. The seduction took place at the defendant’s house, on the 5th January, 1857. The defendant had a ball at his tavern at Christmas, and also on ISTew Tear’s day, and…
1Opinion of the Court
Denio, Ch. J.
The plaintiff’s daughter being above the age of twenty-one years at the time she was seduced, and no express contract for service bétween her and her father being proved, the question arises, if that can now be considered a question, whether the relation of master and servant, in the sense required to sustain the action, existed between them. I lay out of view, for the moment, the circumstance that she was at the' defendant’s house at the timeof the intercourse, assuming that to have been accidental, and not of such a character as to interrupt the relation which she habitually…
2Cases cited1 opinion
- Moran v. DawesNew York Supreme Court · 1825
3Cited by27 opinions
- Pickle v. PageNew York Court of Appeals · 1930
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Riddle v. McGinnisWest Virginia Supreme Court · 1883
- Lavery v. CrookeWisconsin Supreme Court · 1881
- Lawyer v. . FritcherNew York Court of Appeals · 1891
22 more not listed; retrieve them via the Exa API.