Eager v. Grimwood In the Exchequer, June 1, 1847. Reported in 1 Exchequer Reports, 61

Trespass for assaulting and debauching the daughter and servant of the plaintiff, whereby she then became pregnant, &c., and the plaintiff lost and was deprived of her services. Plea: Not guilty.

At the trial before Pollock, C. B., at the London sittings after last Michaelmas term, the following facts appeared: The connection between the defendant and the plaintiff’s daughter took place for the first time two days after Christmas day, 1844. In June, 1845, the plaintiff’s daughter gave birth to a child, which, according to the evidence of a surgeon, was a full-grown child. It also appeared that the plaintiff had been put to some expense in consequence of his daughter’s illness. The learned Chief Baron left it to the jury to say whether or no the defendant was the father of the child; and he told them that if they believed he was not the father of the child, they should find a verdict for him. The jury having found for the defendant.

Prentice obtained a rule nisi for a new trial, on the ground of misdirection, against which

Humfrey showed cause.

Prentice, in support of the rule.

Pollock, C. B. The case of Grinnell v. Wells, 7 Man. & G. 1033, is precisely in point. That case decided that an action for seduction cannot be maintained without proof of loss of service. Tindal, C. J., in delivering the judgment of the court, says: “The foundation of the action by a father to recover damages against the wrong-doer, for the seduction of his daughter, has been uniformly placed from the earliest time hitherto, not upon the seduction itself, which is the wrongful act of the defendant, but upon the loss of service of the daughter, in which service he is supposed to have a legal right or interest.” The rule must be absolute to enter a nonsuit, unless the plaintiff will consent to a stet processus.

Alderson, B., Rolfe, B., and Platt B., concurred.

Rule accordingly.