Stiles v. Tilford
New York Supreme Court
This was an action on the case for the seduction of the plaintiff’s daughter, tried at the Warren circuit in June, 1831, before the Hon. Esek. Cowen, one of the circuit judges. The daughter of the plaintiff lived with the defendant as his house-keeper for one year from October, 1829. In July, 1830, the defendant had sexual intercourse with her and she became pregnant.
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This was an action on the case for the seduction of the plaintiff’s daughter, tried at the Warren circuit in June, 1831, before the Hon. Esek. Cowen, one of the circuit judges. The daughter of the plaintiff lived with the defendant as his house-keeper for one year from October, 1829. In July, 1830, the defendant had sexual intercourse with her and she became pregnant. In October she returned to her father’s house, and soon after became unable to work as she had been accustomed ; she assisted her mother in sewing, but could not earn her subsistence. In December this action was commenced ; in…
1Opinion of the Court
By the Court,
Sutherland, J.
The cause of action was abundantly made out, independently of the testimony objected to. The daughter says expressly that she returned to her father’s house because she was incapable of working as usual, and that after her return, she was unable to earn her subsistence as formerly. Here is express loss of service, and all this *340was before she arrived at the age of 21. The testimony objected to was merely in aggravation of damages, and we all know that although loss of service must be shown, yet that when any considerable damages are given, they are given not to cover…
2Cases cited2 opinions
- Gillet v. MeadNew York Supreme Court · 1831
- Millar v. ThompsonNew York Supreme Court · 1828
3Cited by7 opinions
- State v. HaysSupreme Court of Missouri · 1856
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
- George v. HornNew York Supreme Court · 1850
- De Proux v. SargentSupreme Judicial Court of Maine · 1879
- Hopkins v. Atlantic & Saint Lawrence RailroadSupreme Court of New Hampshire · 1857
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