Clark v. Fitch
New York Supreme Court
This was an action on the case for debauching the daughter of the plaintiff, tried at the Washington circuit, in June, 1825, before the Hon. William A. Duer, one of the circuit . - ‘ judges.
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This was an action on the case for debauching the daughter of the plaintiff, tried at the Washington circuit, in June, 1825, before the Hon. William A. Duer, one of the circuit . - ‘ judges. The daughter of the plaintiff testified, that when seduced s^e was about nineteen years of age ; she was at service at the time as a hired girl, in the town of Pawlet, Vermont; her father resided in the town of Sandgate; she had lived with her father until he married a second time, when he told her that she might remain at home, or go out to work, as she pleased, but if she left his house she must take…
1Opinion of the Court
By the Court, Savage, Ch. J.
It is true, indeed, “ and pity ’tis, ’tis true,” that this action is founded technically upon the supposed loss of service alone, the father and daughter being considered as standing in the relation of master and servant; yet it is perfectly well known that the actual loss of service constitutes very little or no part of the real ground of the action. The largest verdicts are often, and, most generally, given in cases where the daughter rendered no real service to the parent. The action is supported, not so much to remunerate in damages for the loss of service and…
2Cited by34 opinions
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- Hewit v. PrimeNew York Supreme Court · 1839
- Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Comer v. TaylorSupreme Court of Missouri · 1884
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