Crowell v. Crowell
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at May Term, 1920, of Mece-LENBURG. This is an action by the wife against the husband, alleging in her complaint the marriage and their living together as man and wife; that. tbe defendant contracted a venereal disease, and tbat be “took advantage of bis marital relation witb said plaintiff and infected ber witb said vile and loathsome disease,” and asks for judgment “for actual and punitive damages.”
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Appeal by defendant from Lane, J., at May Term, 1920, of Mece-LENBURG. This is an action by the wife against the husband, alleging in her complaint the marriage and their living together as man and wife; that. tbe defendant contracted a venereal disease, and tbat be “took advantage of bis marital relation witb said plaintiff and infected ber witb said vile and loathsome disease,” and asks for judgment “for actual and punitive damages.” Tbe defendant filed a written demurrer to tbe effect tbat tbe complaint showing upon its face tbat tbe parties were man and wife prior to, and during all tbe…
1Opinion of the Court
Clark:, C. J.
The defendant made no motion to nonsuit, and does not contend that there was not sufficient evidence to justify the verdict on the first issue, “Did the defendant wrongfully and recklessly infect the plaintiff with a loathsome disease, as alleged in the complaint.” He submitted no requests for instructions. The exceptions to the evidence do not require discussion. Practically the only point presented by this, appeal is whether or not a cause of action is alleged in the complaint.
Paragraph 5 of the complaint alleges “that the defendant, by reason of his illicit relations with lewd…
2Cases cited14 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Bandfield v. BandfieldMichigan Supreme Court · 1898
- Brown v. BrownSupreme Court of Connecticut · 1914
- Fiedler v. FiedlerSupreme Court of Oklahoma · 1914
- Johnson v. JohnsonSupreme Court of Alabama · 1917
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3Cited by57 opinions
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- B.N. v. K.KCourt of Appeals of Maryland · 1988
- Brown v. GosserCourt of Appeals of Kentucky (pre-1976) · 1953
- Barbara A. v. John G.California Court of Appeal · 1983
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
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