Legal Opinion

Whiteman v. Sarmento

Pennsylvania Court of Common Pleas, Chester County

Decided July 11, 1960No. 57Published

1Opinion of the Court

Gawthrop, P. J.,

Plaintiff sued in trespass to recover damages for the seduction of his daughter by defendant. To the complaint, defendant filed preliminary objections by way of demurrer and of a motion to strike off the complaint for scandalous and impertinent allegations. The preliminary objections must be sustained.

By the demurrer defendant correctly asserts that the complaint fails to state a cause of action. “The legal foundation of this action, and that which constitutes the plaintiff’s right to recover, is the loss of service. The relation of master and servant must exist between the…

2Cases cited6 opinions

  1. Phelin v. KenderdineSupreme Court of Pennsylvania · 1853
  2. Hoffman v. KemererSupreme Court of Pennsylvania · 1863
  3. South v. DennistonSupreme Court of Pennsylvania · 1834
  4. Milliken v. LongSupreme Court of Pennsylvania · 1898
  5. Yearsley v. Franklin Lamp Manufacturing Co.Superior Court of Pennsylvania · 1929

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