Seagar v. Sligerland
New York Supreme Court
This was an action for debauching the plaintiff’s daughter, whereby he lost her service, and was put to expense in her lying in, &c. The defendant applied, on a case made and submitted without argument, to set aside the verdict, which was for 450 dollars, as being contrary to law, against evidence, and because the damages were excessive. At the trial the plaintiff’s principal witness was his own daughter.
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This was an action for debauching the plaintiff’s daughter, whereby he lost her service, and was put to expense in her lying in, &c. The defendant applied, on a case made and submitted without argument, to set aside the verdict, which was for 450 dollars, as being contrary to law, against evidence, and because the damages were excessive. At the trial the plaintiff’s principal witness was his own daughter. She testified that- the defendant, after a promise of marriage,--frequently lay with her, and at length got her with child. That long before this period, the plaintiff and his wife knew that…
1Per curiam
Trom the summary of the testimony we are constrained to say, there ought to have been a verdict for the defendant. In actions of this nature, the daughter is supposed to be violated with force, against the will and consent of the father. It is then, and then only, that he is entitled to compensation for the loss of her service. But when he consents or connives at the criminal intercourse, he seeks with very ill grace a retribution in damages. Vo-lenti non fit injuria. If lie be not particeps criminis, he is something very like it. His assurance in coming here for redress can be equalled only…
2Cited by6 opinions
- Travis v. BargerNew York Supreme Court · 1857
- Damon v. MooreNew York Supreme Court · 1871
- Bunnell v. GreatheadNew York Supreme Court · 1867
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Fletcher v. RandallNew York Supreme Court · 1807
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