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HUTCHINS v. DAY

No. 692.

153 S.E.2d 132 (1967)

269 N.C. 607

Louise G. HUTCHINS v. Russell V. DAY.

Supreme Court of North Carolina.

March 8, 1967.

Attorney(s) appearing for the Case

Alston, Alexander, Pell & Pell, E. L. Alston, Jr., Greensboro, for plaintiff appellant.

Russell V. Day (in propria persona), for defendant appellee.

PLESS, Justice.

While an action for civil seduction may be maintained without a promise to marry, the mere proof of intercourse, and no more, is not sufficient to warrant recovery. Volenti non fit injuria. Hardin v. Davis, 183 N.C. 46, 110 S.E. 602, 21 A.L.R. 302. This Latin phrase is translated to mean "To the consenting no injury is done. A person who consents to a thing cannot complain of it as an injury." Upon the plaintiff's testimony she started spending...

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