Knight v. Wilcox
New York Supreme Court
Motion by the defendant for a new trial. The action was brought for the seduction of the plaintiff’s daughter,-and was twice tried. On the first trial the plaintiff was nonsuited, and a new trial was granted. (See 15 Barb. 279.) On the second trial, at the Monroe circuit in October, 1853, the proof was similar to that introduced on the first trial.
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Motion by the defendant for a new trial. The action was brought for the seduction of the plaintiff’s daughter,-and was twice tried. On the first trial the plaintiff was nonsuited, and a new trial was granted. (See 15 Barb. 279.) On the second trial, at the Monroe circuit in October, 1853, the proof was similar to that introduced on the first trial. There being no evidence that pregnancy ensued, the defendant moved for a nonsuit, on the ground that the plaintiff had not proved a technical loss of service. This motion was overruled, and the defendant excepted. The judge charged the jury that…
1Opinion of the Court
By the Court, T. R. Strong, J.
The evidence on the first trial of this case was substantially the same as on the recent trial thereof,- in respect to loss of services by the plaintiff. Upon the motion to set aside the nonsuit granted on the first trial, we held, as to the point of loss of services, that pregnancy and the birth of a child were not essential to the right of action, and that it was sufficient if illness of the daughter, whereby she was unable to labor, had been produced by shame for the seduction. (15 Barb. 279.) In addition to the references in the opinion then delivered, in…
2Cases cited3 opinions
- Keenholts v. BeckerNew York Supreme Court · 1846
- Olmsted v. BrownNew York Supreme Court · 1852
- Knight v. WilcoxNew York Supreme Court · 1853
3Cited by10 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Lavery v. CrookeWisconsin Supreme Court · 1881
- Badgley v. DeckerNew York Supreme Court · 1865
- Patterson v. ThompsonSupreme Court of Arkansas · 1862
- White v. NellisNew York Supreme Court · 1859
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