Cornelius v. Hambay
Supreme Court of Pennsylvania
Appeal, No. 82, Oct. T., 1890, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1889, No. 514, on verdict for plaintiff. Trespass for criminal conversation. The facts appear by the opinion of the Supreme Court and the charge of the court below. At the time of trial, plaintiff had applied for a divorce and was not then living with his wife.
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Appeal, No. 82, Oct. T., 1890, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1889, No. 514, on verdict for plaintiff. Trespass for criminal conversation. The facts appear by the opinion of the Supreme Court and the charge of the court below. At the time of trial, plaintiff had applied for a divorce and was not then living with his wife. Plaintiff was permitted to testify, under objection and exception. [1] The court charged, inter alia, as follows by Stowe, P. J.: [“ I now refer to the time they were at the theatre and went up to what is called the Greenwood Hotel. If…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
The decision of this case has been delayed for reasons not personal to the writer.
‘ The suit was brought by the plaintiff in the court below against the defendant to recover damages for debauching his (the plaintiff’s) wife. The jury found for the plaintiff in the sum of $2,000, which the court subsequently reduced to $500, and the verdict thus reduced was accepted by the plaintiff. This belongs to a class of cases in which the plaintiff has been allowed from time immemorial to recover punitive damages. Hence we cannot sustain the fifth specification in…
2Cases cited2 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- Pringle v. PringleSupreme Court of Pennsylvania · 1868
3Cited by22 opinions
- Fadgen v. LenknerSupreme Court of Pennsylvania · 1976
- Knoell v. United StatesCourt of Appeals for the Third Circuit · 1917
- Commonwealth v. BrickerSuperior Court of Pennsylvania · 1920
- Matheis v. MazetSupreme Court of Pennsylvania · 1894
- Novic v. FenicsSupreme Court of Pennsylvania · 1940
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