Nickleson v. Stryker

A father cannot maintain an action of assaulting and "ge«mg per quod, úc. daughter1*Is unless she is father’s ’“sen* c'oTstitutertíe servant.

THIS was an action of trespass, for assaulting, debauching and . .ii-i iiti1 _ ° ° getting with child the daughter of the plaintiff, per quod, &c, and was tried before Mr. Justice Thompson, at the Otsego circuit, in September, 1812. _ _ _ The daughter, who was a witness for the plaintiff, at the trial, testified, that she was 29 years old. She lived with her father, the plaintiff, until a short time before her misfortune. She went to one Layton’s, returned home, and, after a week, went back to Lay-ion’s to work, and while there, on the 24th of October last, her connexion with the defendant happened. She then went to her brother’s, and did not return to her father’s house until February. The child was born while she was at her father’s house, and he took care of her during her illness, and was at the expense of her lying in, See. While she lived with her father, she worked for him, when at home, and her earnings, during 7 or 8 years, when she went out to work, as occasion offered, were applied to pay for necessaries for the family. Her father did not, however, claim a right to her services, or to the wages she earned. . She never went from home when her services were wanted. The defendant had paid attention to her for several years, at different places, and once while she was at the plaintiff’s house. The judge intimated, an opinion, that the action was not maintainable ; a verdict was taken for the plaintiff, subject to the opinion of the court, on a case; the jury having assessed the damages at 180 dollars.