Hutchins v. Day

While an action for civil seduction may be maintained without a promise to marry, the mere proof of intercourse, and no more, is not sufficient to warrant recovery. Volenti non fit injuria. Hardin v. Davis, 183 N.C. 46, 110 S.E. 602. This Latin phrase is translated to mean “To the consenting no injury is done. A person who consents to a thing cannot complain of it as an injury.” Upon the plaintiff’s testimony she started spending weekends with defendant in a motel within a few days after she had met him, but claims she did not have sexual relations with him until several weekends of this…