Badgley v. Decker
New York Supreme Court
THIS was an action brought by the plaintiff against the defendant for damages occasioned by reason of the defendant having seduced the daughter of the plaintiff, whereby she became pregnant and was delivered of a male child on the 14th of June, 1863. The plaintiff is a married woman, hut has for more than nine years last past lived separate and apart from her husband, who left her about nine years before the trial, during which time, she had not heard from him directly.
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THIS was an action brought by the plaintiff against the defendant for damages occasioned by reason of the defendant having seduced the daughter of the plaintiff, whereby she became pregnant and was delivered of a male child on the 14th of June, 1863. The plaintiff is a married woman, hut has for more than nine years last past lived separate and apart from her husband, who left her about nine years before the trial, during which time, she had not heard from him directly. The case shows, however, that he resides in Iowa. The plaintiff states, that she does not know where her husband is. He had…
1Opinion of the CourtMason, J.
There was evidence in this case sufficient to go to the jury upon the question of the relation of master and servant, existing between the plaintiff and her daughter. The slightest degree of service has been holden sufficient to maintain the action, and to allow a recovery for the heaviest damages. (Reeve’s Dom. Rel. 292. Knight v. Wilcox, 15 Bart. 279.) The daughter lived with her mother, and was in the habit of assisting to some extent in doing the work in the family. It is not disputed but that she' performed various acts of service for her mother, the plaintiff, and quite sufficient to…
2Cases cited5 opinions
- Hewit v. PrimeNew York Supreme Court · 1839
- Clark v. FitchNew York Supreme Court · 1829
- Martin v. PayneNew York Supreme Court · 1812
- Lipe v. . EisenlerdNew York Court of Appeals · 1865
- Knight v. WilcoxNew York Supreme Court · 1854
3Cited by14 opinions
- Pickle v. PageNew York Court of Appeals · 1930
- Lavery v. CrookeWisconsin Supreme Court · 1881
- Morgan v. RossSupreme Court of Missouri · 1881
- Khalifa v. ShannonCourt of Appeals of Maryland · 2008
- Damon v. MooreNew York Supreme Court · 1871
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