Fernsler v. Moyer
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lebanon county. Abraham Fernsler against Henry Moyer. This was an action on the case brought by the plaintiff to recover damages for the seduction of his ward by the defendant. The court below instructed the jury that the plaintiff was not entitled to recover; that the relation of a guardian to his ward was not such as entitled him to recover damages for the loss of service, which is the gist of the action.
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— This kind of action, though in form a mere demand of compensation for loss of service, yet has been made use of by the courts to furnish redress for one of the most flagrant injuries that can be committed. Damages are allowed to be recovered, commensurate with the injury done to feeling, to character, to happiness, and, where the case called for it, by way of example to others. Case or trespass has been held to lie. 3 Serg, df Rawle 215; Gilm. 33; 6 Munf. 587. The action has been extended so as to enable persons to sue not at first…
2Cases cited2 opinions
- Martin v. PayneNew York Supreme Court · 1812
- South v. DennistonSupreme Court of Pennsylvania · 1834
3Cited by4 opinions
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Bracy v. KibbeNew York Supreme Court · 1859
- Dunlap v. Linton, Pennsylvania Court of Common Pleas, Lancaster County1891
- Com. ex rel. Waleisa v. Waleisa, Pennsylvania Court of Common Pleas, Schuylkill County1874