Bracy v. Kibbe
New York Supreme Court
THIS was an action brought by the plaintiff, William Bracy, against the defendant, for debauching Alvira Bracy and getting her with child, she being at the time, and from hér infancy up, the plaintiff’s servant, by reason whereof he not only incurred expenses for her lying in, but lost her services.
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THIS was an action brought by the plaintiff, William Bracy, against the defendant, for debauching Alvira Bracy and getting her with child, she being at the time, and from hér infancy up, the plaintiff’s servant, by reason whereof he not only incurred expenses for her lying in, but lost her services. The defense was a denial of the allegations of the complaint, and an averment that the female alleged to have been seduced was the illegitimate child of the plaintiff's wife, born previous to the plaintiff's marriage with her mother, and that she never sustained the relation of servant to the…
1Opinion of the Court
By the Court, Pratt, J.
There existed in this case the relation of master and servant between the plaintiff and the girl seduced, which would entitle the former to sustain his action for loss of service. Although she was the illegitimate daughter of his wife by another man, and the law did not therefore clothe him, from that relation alone, with the rights of a parent, yet in this case it appears that the girl had been actually adopted by him into his family and had been bred and brought up by him. He stood, therefore, in loco parentis, and was clearly entitled to sustain the action. (Bartley…
2Cases cited2 opinions
- Ingersoll v. JonesNew York Supreme Court · 1849
- Fernsler v. MoyerSupreme Court of Pennsylvania · 1842
3Cited by14 opinions
- Fry v. LeslieSupreme Court of Virginia · 1891
- Shewalter v. BergmanIndiana Supreme Court · 1890
- Ford v. JonesNew York Supreme Court · 1871
- Osterheld v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Kinney v. . LaughenourSupreme Court of North Carolina · 1883
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