Simpson v. Buck
New York Supreme Court
This action was brought by the mother of a minor son, whose father was dead, and for whom no guardian had been appointed, to recover for his services while in the employ of the defendant for the period of about six months, or 161 days in all, at one dollar per day, and amounting to $161. The cause was tried before a justice of the peace of the county of Cortland and a jury.
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This action was brought by the mother of a minor son, whose father was dead, and for whom no guardian had been appointed, to recover for his services while in the employ of the defendant for the period of about six months, or 161 days in all, at one dollar per day, and amounting to $161. The cause was tried before a justice of the peace of the county of Cortland and a jury. There was proof to show that the plaintiff’s son worked for the defendant from the 29th of March to October 2, 1869; that he hired out at sixteen dollars a month for six or eight months; also, proof that the defendant had…
1Opinion of the Court
By the Court
Miller, P. J.
The only question involved in this case is, whether a mother, where the father is dead, can maintain an action for the services of her minor child. In Gray v. Durland (50 Barb., 100), it was held that a mother, in case of a father’s death, has the same right to the services of a minor child that the father would have if living, and, hence, that she might maintain an action for the seduction of her minor daughter. It is true that, in the prevailing opinion in that case, some stress is laid upon the fact that the courts have leaned very decidedly in favor of sustaining…
2Cases cited1 opinion
- Gray v. DurlandNew York Supreme Court · 1867
3Cited by6 opinions
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- Bradley v. SattlerIllinois Supreme Court · 1895
- Furman v. . Van SiseNew York Court of Appeals · 1874
- Furman v. SiseNew York Court of Appeals · 1874
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