Stephenson v. Hall
New York Supreme Court
This was an action commenced in a justice’s court of St. Law- ■ pence county by Stephenson, against the defendants and Epaphroditus Buck.
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This was an action commenced in a justice’s court of St. Law- ■ pence county by Stephenson, against the defendants and Epaphroditus Buck. The plaintiff complained in writing as follows : “ For that Mary Jane, the minor daughter of the plaintiff, and over the age of five, is an actual resident of joint school district Ho. 15, in the towns of Russell, Edwards and Hermon, in the county of St. Lawrence, and that as such was entitled to attend the common school held and kept in the school house in said district. That on or about the 10th day of June last, the defendants, under the pretense of the…
1Opinion of the Court
By the Court, C. L. Allen, J.
I have searched in vain for a precedent sustaining an action of this character. I believe it is the first attempt of the kind that has been made in our courts of justice. It is perfectly clear that if the injury complained of is one personal to the child, then she alone can sustain an action. In actions for assault and battery upon the child, whenever they have been brought by the parent, they have been sustained upon the ground of the loss of service to the parent; and in all such cases, the question of damages has been confined to the actual loss to which the…
2Cases cited10 opinions
- Ford v. MonroeNew York Supreme Court · 1838
- Fonda v. Van HorneNew York Supreme Court · 1836
- Whitney v. HitchcockNew York Supreme Court · 1847
- Prosser v. SecorNew York Supreme Court · 1849
- Tifft v. TifftNew York Supreme Court · 1847
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bissell v. DavisonSupreme Court of Connecticut · 1894
- Donahoe v. RichardsSupreme Judicial Court of Maine · 1854
- Dritt v. SnodgrassSupreme Court of Missouri · 1877
- Buchanan v. CurtisWisconsin Supreme Court · 1869
- Boyd v. BlaisdellIndiana Supreme Court · 1860
6 more not listed; retrieve them via the Exa API.