Zitzer v. Merkel
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Cumberland county. This was an action on the case by Joseph Merkel v. Jacob Zitzer, for seduction of the plaintiff’s daughter, a minor of about 17 years of age when the alleged seduction took place. In the second count of the declaration it was averred that a promise of marriage had been previously made. Lucinda, the daughter, was examined to prove the seduction.
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ERROR to the Common Pleas of Cumberland county. This was an action on the case by Joseph Merkel v. Jacob Zitzer, for seduction of the plaintiff’s daughter, a minor of about 17 years of age when the alleged seduction took place. In the second count of the declaration it was averred that a promise of marriage had been previously made. Lucinda, the daughter, was examined to prove the seduction. On the part of the defendant witnesses were examined to prove that about the time the alleged seduction occurred, Lucinda was intimate with other men, and permitted improper liberties to be taken with her…
1Opinion of the Court
*410The opinion of the Court was delivered, August 14, by
Woodward, J.
This was an action on the case for the seduction of the plaintiff’s minor daughter. The defendant gave evidence without objection that about the time of the seduction Lucinda permitted improper liberties to be taken with her person by other men; in reply to which the plaintiff offered, and was permitted under exception, to prove the conduct of Lucinda as a modest, prudent woman, and of marked propriety from childhood up to the time of her seduction. The admission of this evidence is assigned for error.
The rule that general…
2Cited by2 opinions
- Matusak v. KulczewskiSupreme Court of Pennsylvania · 1928
- Talley v. TalleySuperior Court of Pennsylvania · 1905