Riddle v. McGinnis

Citations

• 22 W. Va. 253
• 1883 W. Va. LEXIS 56

Syllabus

<p>1. In an action by a father, or by one in loco parentis for the seduction of a daughter it is no longer necessary to allege or prove, the loss of service of the female, or the value of such service section 1 of chapter 103 of Code of West Virginia having changed the common law rule in such eases, (p. 271.) '</p> <p>2. In such an action it is still necessary to allege and prove that the relation of master and servant existed between the plaintiff and the female at the time of the commission of the wrongful act. (p. 272.)</p> <p>3. In such a case where the daughter is under the age of twenty-one years, and was so at-the time of the seduction, and the father then was, and still is entitled to her attentions and services — the law conclusively presumes that the relation of master and servant exists between them, although at the time of such seduction she may be in the actual service of another, under a contract made by herself securing to her the compensation for such service, (p. 274.)</p> <p>4. On the trial of an action brought by a father for the seduction of his daughter, evidence of the pecuniary condition of the defendant is admissible to show the extent of the injury caused to the plaintiff by the wrongful act of the defendant, (p. 278.)</p> <p>5. In an action by a father for the seduction of his daughter, a count in the declaration which avers, that “she is under the age of twenty-one years, and unmarried, and was so at the time of the seduction, and that the plaintiff then was, and still is entitled to her attentions and services” — sufficiently avers that the relation of. master and servant exists between the father and daughter, (p. 277.)</p> <p>6. The statute, section 1, chapter 103 of Code of West Virginia,'dispenses with the allegation and proof of loss of service of the female by reason of the wrongful act of the defendant, but does not alter the rule as to the commencement of the action by the father; and when the daughter at the time of the seduction