Simpson v. Grayson
Supreme Court of Arkansas
APPEAL from Clay Circuit Court. J. E. Riddick, Judge. The complaint alleges that, on December 10, 1888, appellant seduced appellee’s daughter, from which she became pregnant, causing loss of her services to appellee. The answer denied each allegation of the complaint.
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APPEAL from Clay Circuit Court. J. E. Riddick, Judge. The complaint alleges that, on December 10, 1888, appellant seduced appellee’s daughter, from which she became pregnant, causing loss of her services to appellee. The answer denied each allegation of the complaint. The daughter testified that she was living at appellant’s house upon terms of intimacy with his family, though she worked for his wife; that she was under 18 years of age; that appellant paid her wages, but that her father did not receive any part of them ; that appellant made frequent advances toward her, which she repelled;…
1Opinion of the CourtCockrill, C. J.
1. whatproof of service sufficient in action for seduction. The common law regarded the father’s . action for the seduction of his daughter as an action of trespass for assaulting his servant, whereby he lost her services. It was based upon the relation of master and servant, and not upon that of parent and child; and the measure of damages was such only as a master would recover for a disabling physical injury to his servant. The extent of the recovery has been enlarged by the courts, from the necessity of the case rather than from the principles which govern the action (see remarks of Lord…
2Cases cited5 opinions
- Den v. HuffTennessee Supreme Court · 1847
- Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
- Comer v. TaylorSupreme Court of Missouri · 1884
- Stoudt v. ShepherdMichigan Supreme Court · 1889
- Ferguson v. SmethersIndiana Supreme Court · 1880
3Cited by3 opinions
- Magierowski v. BuckleyNew Jersey Superior Court Appellate Division · 1956
- Ingwaldson v. SkrivsethNorth Dakota Supreme Court · 1898
- Mohelsky v. HartmeisterMissouri Court of Appeals · 1897