Curtis v. Miller
Supreme Court of Pennsylvania
Appeal, No. 215, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 2, Pbila. Co., March T., 1918, No. 974, on verdict for defendant, in case of John S. Curtis v. Joseph B. Miller. Trespass for alienation of wife’s affections. Before Wessel, J. The, opinion of the Supreme Court states the facts. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 215, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 2, Pbila. Co., March T., 1918, No. 974, on verdict for defendant, in case of John S. Curtis v. Joseph B. Miller. Trespass for alienation of wife’s affections. Before Wessel, J. The, opinion of the Supreme Court states the facts. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were various rulings on evidence stated in the opinion of the Supreme Court, and binding instructions for defendant, quoting the record.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff sued to recover damages for alienation of the affections of his wife. A verdict was directed for defendant and plaintiff appealed. The court below held the testimony failed to show that the affections of plaintiff’s wife were alienated, but, even assuming such evidence, sufficient proof was lacking to support a verdict against defendant.
The evidence offered to show a loss of affection on the part of the wife was that in December, 1917, six months after marriage, she left Erie where she had resided with her husband and returned to the home of her mother…
2Cases cited7 opinions
- Sherwood v. TitmanSupreme Court of Pennsylvania · 1867
- Stewart v. HagertySupreme Court of Pennsylvania · 1916
- Galbraith v. ZimmermanSupreme Court of Pennsylvania · 1882
- Ash v. PunierCourt of Appeals for the Second Circuit · 1901
- Keath v. ShifferSuperior Court of Pennsylvania · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Woodson v. BaileySupreme Court of Alabama · 1924
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- Berkshire v. HaremOregon Supreme Court · 1946