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72 Vt. 259

Davis v. Carpenter

Supreme Court of Vermont

Decided May 23, 1900

Supreme Court of Vermont · decided 1900-05-23

Action on the case brought by Richard I. Davis for the alleged seduction of his minor daughter. Bennington County. At the June Term, 1899, the death of the plaintiff was suggested,' and subsequently the administratrix of his estate entered to prosecute. At the December Term, 1899, a hearing was had on a motion to dismiss, Start, J., presiding. The motion was sustained and the action dismissed. The plaintiff excepted.

Cited by 4 later decisions — most recently July 2018

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1900-05-23

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Taft, C. J.

¶1This suit was brought by Richard Davis for the alleged seduction of his minor daughter. After entry in court, the death of the plaintiff was suggested, the administratrix of his estate entered to prosecute and the cause was heard on the defendant’s motion to dismiss, for that the cause of action does not survive. The action does not survive at common law, nor by our statute unless it is within that clause of sec. 2446, Y. S., which provides that actions of trespass on the case for damages done to personal estate shall survive.” Although a father is entitled to the services of his minor daughter it cannot be said his right thereto is what is meant by the term personal estate, as used in the section of the statute referred to. The term has reference to specific personal property. The court below dismissed the action and its

¶2Judgment is affirmed.

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