51 Vt. 592 | Vt. | 1879
The opinion of the court was delivered by
I. The judgment rendered- by the County Court against the defendant at the June Term, 1878, was equivalent, in legal effect, to a general verdict of guilty against him. It concluded him in regard to every fact alleged in the declaration which the plaintiff otherwise would have been bound to establish by testimony in order to entitle him to recover damages for the loss of the service of his daughter. Webb v. Webb, 16 Vt. 636; Hyde v. Moffat, 16 Vt. 271; Bradley v. Chamberlain, 31 Vt. 468; Sweet v. McDaniels, 39 Vt. 272; Chamberlin v. Murphy, 41 Vt. 110; Morey v. King, 49 Vt. 304. Among the facts so alleged were the seduction of the daughter by the defendant, and that she sustained the relation of servant to the plaintiff. These were the facts which lay at the foundation of the plaintiff’s right of recovery, and which were put in issue by the plea, not guilty. Hence, after this judgment, the defendant was not at liberty to introduce testimony to show that he was not guilty of the seduction and debauchment of the plaintiff’s daughter. Such testimony did not bear upon the amount of the damages recoverable by the plaintiff for such seduction, but upon the right of recovery, which had been conclusively determined in his favor by the preliminary judgment. The County Court, therefore, committed no error in rejecting the testimony of the defendant offered, to show that he was not guilty of the seduction.
II. By allowing the testimony in regard to the financial condition of the plaintiff to be received without objection raised until after the testimony on both sides was closed, the defendant waived, or, at least, the County Court could, in its discretion, treat him as
III. The defendant also excepted to that portion of the charge in which the jury were told that in estimating the loss of service or damages sustained, they might consider the shock which the seduction occasioned to the plaintiff’s feelings and sensibility, and the dishonor which it brought upon him, and especially excepted, inasmuch as such damages were not specially declared for. But such damages to a parent, or to one standing in loco parentis, are the natural result of the seduction, and need not be specially declared for, and have for a long time, if not always, been recoverable under a general allegation per quod servitium amisit, to the damage of the plaintiff. Irwin v. Dearman, 11 East, 22; Phillips v. Hoyle, 4 Gray, 568; 2 Greenl. Ev. s. 579. The last authority cited, expresses the doctrine as follows: “ The damages in this action are given, not only for the loss of service, but also for all that the plaintiff can feel from the nature of the injury. Therefore, if the plaintiff is the parent of the seduced, the jury may
Judgment affirmed.