144 Pa. 335 | Pennsylvania Court of Common Pleas, Lancaster County | 1891
Opinion,
The courts have been always liberal in sustaining actions of this kind, and we have accordingly looked carefully through the present case, with every disposition to save the verdict, but settled principles seem clearly against it.
Though no authority has been found on the exact point as to the statute of limitations, yet all the cases treat the seduction as the cause of action, even though it be not actionable unless loss of service follow. Thus, in Chitty’s note to 3 Bl. Com., 143, it is laid down as settled, that “ in that action which is in most general use, viz., a per quod servitium amisit, the father must prove that his daughter, when seduced, actually assisted in some degree in the housewifery of his family; ” and, though the later authorities are that, if the daughter be under age, or
But a case which seems to put the matter beyond further contention is Logan v. Murray, 6 S. & R. 175. There the daughter was seduced during her father’s lifetime, but was not confined until after his death, while living with and rendering service to her mother who was at the expense of the confinement. It was held that an action by the mother could not be maintained. “Whatever damage the mother might sustain,” said Duncan, J., “ arose from an act committed in the father’s lifetime. The daughter was his servant. When the mother became, on her husband’s death, the mistress of the house, the mischief was done; the daughter came into her service pregnant. If the alleged trespass gave her no cause of action, the consequence of the trespass could not.....I agree that this action is considered with great liberality, and that courts of
This case is decisive that the cause of action is the seduction, and that no new action arises from the subsequent results to the plaintiff. It establishes, therefore, that the cause of action in the present case was complete more than six years prior to the writ, and that the statute of limitations was a bar. The defendant’s first point should have been affirmed.
Judgment reversed.