The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1889-02-19


mon law prevails, unless changed by
statute; and it is recognized to its
fullest extent in North Carolina.
Briggs y. Evans, 5 Fred. Is; McAuley
y. Burkhead, l3 Ired. %; Mcdaniel y.
Edwards, Z Ired. 4O8; Boring y. Fox.
practically the right to recover
damages in such cases rests upon the
relation of parent and child, the sup
position that the daughter is a servant,
as well as the servale position of the
servant herself is but little more than
a fctioa-an unmeaning formula-an
obeisance to a shadow of the past"
Sd Sutherland on Damages. And in
Ellington .. Ellington, AZ Miss. 344,
Simrall, J., declares that Judicial
history shows that the relation of mas
ter and servant in these cases is moth
ing more than a legal fctaon."
We find the following language IN
Kinney q. Langhenont, 80 N. c., 366,
Merrimon, j., speaking for the Court:
''The action for seduction does not
! grow out of the relation of parent and
child, but that of master and servant,
and the loss of service, this is a fiction
of the law, still some service must be
shown to have been done by the SER
cant, and it must appear that the
plaintiff had the right to control the
| services of the female seduced, at his
will and pleasure"
The effect of the rule is, if the
daughter seduced be a minor and re-
| siding with her father, or even If she
be away on a. visit, or at school, he
may bring the action, because he has
the right to command and control her
! services.
If she be a minor and has been
emancipated, or is working with an
other who has contracted with her
father for her services, if she be Sc
duced, the father, she not being his
servant at the time, cannot maintain
an action for her debauchment.
If she be over 81 years, residing
away from home, being entitled to her
own earnings, the parent cannot ue.
If she be over FL years, but lives
with the parent, and performs service,
though slight, and she be difled while
there, the father may sustain the &C.
ton.
If she be away from home in the
employment Of another, if he be the
seducer, the action cannot be main
tanned by any one, unless he had
tTaudwlemtly procured her to come into
his service for the purpose of defling
her. Doings q. Wyckof, 18 N. Y. As.
"The father cannot sue in cases
where his daughter is not his servant
at the time of seduction"
The daughter cannot sue, she being
IN pGrticeps cramtmas. Cooley on Torts,
231.
If the father and mother be dead, it
is held that the action for seduc-
ton being a personal action like libel
and SANDER, cannot be maintained by
the executor or administrator of the
deceased. Logue q. Murray, 6 S. &
R. IT'S; Coon .. Mofin, 8 N. j. S.
465. Many authorities hold that the
mother cannot maintain the action,
the father being dead. Sutherland
on Damages and cases cited.
Provision has been made by statute
in Michigan, Indiana, California, Ala
bama, Iowa and other States for action
by the female seduced, in which she
is permitted to ecover such damages
as the jury may permit. 4 Am. R.
406; 3 Sutherland on Damages.
Other States have statutes which
allow suit to be brought for the ben
eft of the woman herself by some re-
lation, or by Der guardian, all aUega-
tons Of seyvace being dispensed aOsth.
Cooley on Torts, 235.
In the language of the author last
cited, "This statement of the law is
sufficient to show some of its absurdi-
ties, and to justify the statutory
changes mentioned" We unite with
the Supreme Court of Mississippi in
expressions of regret that the law
should be chargeable with such mana
fest abswdataes, and in agreeing that,
"that system of Jurisprudence which
Furnishes in damages the slightest ag-
gression upon property, but denies re
dress to the father except upon the
predicate of a loss Of servtces, is at vari-
ance with the sentiments and con-
science of this age"
I trust that our present Legislature
will remove this blot from our system
of Jurisprudence.
W-R HENRY :