Gray v. Durland
New York Supreme Court
APPEAL from a judgment entered on the verdict of a jury, and from an order made at special term denying a motion for a new trial. The action was brought by the plaintiff to recover damages for the alleged seduction of her daughter, Harriet Amanda Gray, a minor, whose father was -dead.
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APPEAL from a judgment entered on the verdict of a jury, and from an order made at special term denying a motion for a new trial. The action was brought by the plaintiff to recover damages for the alleged seduction of her daughter, Harriet Amanda Gray, a minor, whose father was -dead. The complaint alleged that the daughter at the time of the seduction was between the ages of sixteen and seventeen years, and resided with the plaintiff, who wasN entitled to her services and earnings. That the plaintiff was deprived of the services of her said daughter and servant, during her illness connected…
1Opinion of the CourtMillee, J.
I am not prepared to concur in the doctrine
that the mother of a minor child, when the father is deceased, 'cannot maintain an action for her seduction, whether she may he in the service of such mother or of any other person. Ho such principle has ever been decided in this state, and-I think the tendency of the decisions is in a contrary direction. The courts have leaned very decidedly in favor of sustaining the action for seduction which of itself originally was founded almost entirely upon a legal fiction, and at this late period there should be some hesitation, I think, in upholding a rule…
2Cases cited13 opinions
- Clark v. FitchNew York Supreme Court · 1829
- In re RyderNew York Court of Chancery · 1844
- Martin v. PayneNew York Supreme Court · 1812
- Williams v. HutchinsonNew York Supreme Court · 1849
- Inhabitants of Dedham v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1819
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Furman v. . Van SiseNew York Court of Appeals · 1874
- Gilley v. GilleySupreme Judicial Court of Maine · 1887
- Malone v. TopferCourt of Appeals of Maryland · 1915
- Hollingsworth v. SwedenborgIndiana Supreme Court · 1875
- Simpson v. BuckNew York Supreme Court · 1871
9 more not listed; retrieve them via the Exa API.