Dunlap v. Linton
Pennsylvania Court of Common Pleas, Lancaster County
No. 41 July Term 1891, Sup. Ct.; court below, No. 21 February Term 1890, C. P. On January 25, 1890, James Dunlap issued capias in trespass against John A. Linton, for tbe seduction of tbe plaintiff’s daughter. Issue.
Read the full summary
No. 41 July Term 1891, Sup. Ct.; court below, No. 21 February Term 1890, C. P. On January 25, 1890, James Dunlap issued capias in trespass against John A. Linton, for tbe seduction of tbe plaintiff’s daughter. Issue. At the trial on February 19,1891, it was shown by testimony on behalf of the plaintiff that, on or about August 16,1883, his daughter, Annie Dunlap, then about sixteen years of age, was seduced by the defendant and a child then begotten; that in January, 1884, the defendant went to Quincy, HI.; that a female child was born on May 16, 1884, and that defendant remained in Illinois…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The courts have been always liberal in sustaining actions of this kind, and we have accordingly looked carefully through the present case, with every disposition to save the verdict, but settled principles seem clearly against it.
Though no authority has been found on the exact point as to the statute of limitations, yet all the cases treat the seduction as the cause of action, even though it be not actionable unless loss of service follow. Thus, in Chitty’s note to 3 Bl. Com., 143, it is laid down as settled, that “ in that action which is in most general use,…
2Cases cited1 opinion
- Fernsler v. MoyerSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- Gunder v. TibbitsIndiana Supreme Court · 1899
- Ortiz Ríos v. VieraSupreme Court of Puerto Rico · 1941
- Rockwell v. DayWashington Supreme Court · 1918
- Ortiz Ríos v. VieraSupreme Court of Puerto Rico · 1941
- Whiteman v. Sarmento, Pennsylvania Court of Common Pleas, Chester County1960