Ream v. Rank
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Lancaster county, in an action on the case, brought by Rank, the plaintiff below, against Ream, for debauching his daughter and getting her with child, by which the plaintiff lost the service and comfort of his daughter and servant, and was put to great trouble and expense, and was subject to great pain, anxiety, and distress of mind, &c. contended, that the action was improper. It should have been trespass.
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In Error. ERROR to the Common Pleas of Lancaster county, in an action on the case, brought by Rank, the plaintiff below, against Ream, for debauching his daughter and getting her with child, by which the plaintiff lost the service and comfort of his daughter and servant, and was put to great trouble and expense, and was subject to great pain, anxiety, and distress of mind, &c. contended, that the action was improper. It should have been trespass. The action on the case prevailed in England', near thirty years ago, but has since been changed. It was a mistake of Judge Buller, which introduced…
1Opinion of the Court
Tilghman C. J.
This is an action on the case, brought by Philip Rank, the defendant in error, against Curtis Ream, for debauching the plaintiff’s daughter, and getting Her with-child, &c. by which the plaintiff lost the service of his daughter, &c. The question is, whether trespass was not the proper action, and whether case can be supported.
That actions of trespass have been brought in such cases, for a long period of time in England, cannot be denied. Neither can it be denied, that actions on the case have also been supported, both in England and in this country. The plaintiff’s counsel have…
2Cases cited1 opinion
- Martin v. PayneNew York Supreme Court · 1812
3Cited by3 opinions
- Forte v. Connerwood Healthcare, Inc.Indiana Supreme Court · 2001
- Wilt v. VickersSupreme Court of Pennsylvania · 1839
- Excelsior Grain Binding Co. v. StaynerNew York Supreme Court · 1881