Shine v Archdeacon

• Jurisdiction: Ireland
• Judgment Date: 26 March 1931
• Date: 26 March 1931
• Court: Supreme Court (Irish Free State)

[H. C., S. C., I.F.S.]

Shine

and

Archdeacon

Absence of proof -Girl in service of an employer at the time of seduction by the defendant - Girl intending to leave service of employer - Induced to remain in service of employer by defendant for the purpose of immoral relations - Claim for damages for seduction against the defendant - Minority of girl - Validity of her contract of service.

In January, 1924, the plaintiff's daughter, who was then 16 years of age, went into the service of O'L. The terms of the hiring were not proved, but appeared to be for about 11 months, from January till Christmas, as she continued in O'L.'s service till the end of 1924, and reentered it in January, 1925. During the year 1925 she made the acquaintance of the defendant, and became on friendly terms with him. About Christmas, 1925, she told the defendant that she was not going back to O'L. the following year, but would look for another place. The defendant induced her to re-engage with O'L. During the year 1926 immoral relations took place between her and the defendant. Towards the end of 1926 she told the defendant that she was not going back to O'L. the following year, but again, at the request of the defendant, she re-engaged with O'L. in January, 1927, for that year. Misconduct took place between them again in that year (1927), and she became pregnant in November, 1927. She remained in O'L.'s employment until January, 1928, and then took service with other people. She subsequently went into the Union Hospital, where she gave birth to a child on August 5th, 1928. The plaintiff brought a civil bill against the defendant, claiming damages for his daughter's...