Austin v. Barker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Barker, from a judgment of the Supreme Oourt in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 10th day of February, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of February, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Nash, J.:
This case comes here a second time on appeal from a recovery by the plaintiff. The case is briefly outlined in the syllabus of the, former appeal (90 App. Div. 351), as follows: “ Upon the trial of an action for the seduction of the plaintiff’s daughter, who was delivered of a fully-developed child in August, 1901; the only evidence tending to show -that the defendant had had improper relations with the plaintiff’s daughter was given by the daughter herself. She testified that the improper relations cotnmenped October 30,1900, and continued until January 1,1901; that all the improper…
2Cases cited3 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Bagley v. . BoweNew York Court of Appeals · 1887
- Austin v. BarkerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- People v. Hughes, New York County Courts1979
- People v. SmithNew York Supreme Court · 1983
- Bennett v. Saeger Hotels, Inc.Appellate Division of the Supreme Court of the State of New York · 1994