52 Vt. 570 | Vt. | 1880
The opinion of the court was delivered by
This is an action on the case for debauching the plaintiff’s servant and daughter, Helen Davidson. The daughter is thirty-one years of age, and the mother a widow. The exceptions state that the daughter Helen lived at home with her mother, and assisted her about the household work, and did errands for the family, and worked in the mill, or factory, most of the time since she was fifteen years of age, and paid in her wages for the support of the plaintiff’s family. The relation between the mother and daughter, (except such distinction as the law works) was the same before and since Helen’s majority. The mother managed the household, and used Helen’s wages in the support of the family. No contract between the two was proved, except such as may arise by implication. The court directed a verdict for the defendant, on the ground that the plaintiff could not maintain this action.
“ It is not necessary to prove an actual contract for service, but the relation of master and servant must subsist, at least in some degree, though a very slight degree will be sufficient; proof of the most trifling acts of service, such as milking the cows, or making tea for the plaintiff, will enable the plaintiff to maintain this action for debauching the daughter.” 3 Phil. Ev. 530-1. The same rule, substantially, is laid down in all the text-books upon this subject. Schoul. Dorn. Rel. 354-359; 2 Greenl. Ev. s. 572 et seq.; 1 Chit. Pl. 69, note ; 2 Chit. Pl. 558. In Bennett v. Al
The action in form is to recover damage for loss of service ; but it has become well settled for a century in England and this country, that the loss of service is slight and nominal in most cases, and the recovery is had essentially for wounded feelings,
Judgment reversed,, and cause remanded.