Gernerd v. Gernerd
Supreme Court of Pennsylvania
Appeal, No. 116, Jan. T., 1897, by-defendant, from judgment of C. P. Lebigli Co., Nov. T., 1895, No. 8, on verdict for plaintiff. Trespass to recover damages for wrongfully inducing a husband to separate from his wife. Before Albright, P. J. At the trial it appeared that the defendant was the father of plaintiff’s husband; that the plaintiff and her husband lived on the defendant’s farm, and that the son worked for his father.
Read the full summary
Appeal, No. 116, Jan. T., 1897, by-defendant, from judgment of C. P. Lebigli Co., Nov. T., 1895, No. 8, on verdict for plaintiff. Trespass to recover damages for wrongfully inducing a husband to separate from his wife. Before Albright, P. J. At the trial it appeared that the defendant was the father of plaintiff’s husband; that the plaintiff and her husband lived on the defendant’s farm, and that the son worked for his father. The plaintiff offered testimony which tended to show that the defendant, by constant disparagement of plaintiff, and by an unfriendly manner when he was in her…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The right of a husband to maintain an action against one who has wrongfully induced his wife to separate from him seems not to haim been doubted since the case of Winsmore v. Greenbank, Willes, 577, decided in 1745. The right of a wife to maintain an action for the same cause has been denied, because of the. common-law unity of husband and wife and of her want of property in his society and assistance. There was certainly an inconsistency in permitting a recovery when her husband was a necessary party to the action, and she had no separate legal existence or…
2Cases cited12 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Price v. PriceSupreme Court of Iowa · 1894
- Hutcheson v. PeckNew York Supreme Court · 1809
- Clow v. ChapmanSupreme Court of Missouri · 1894
- Duffies v. DuffiesWisconsin Supreme Court · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ickes v. IckesSupreme Court of Pennsylvania · 1912
- King v. HansonNorth Dakota Supreme Court · 1904
- Nash v. Mobile O.R. Co.Mississippi Supreme Court · 1928
- Lonstorf v. LonstorfWisconsin Supreme Court · 1903
- Karchner v. MumieSupreme Court of Pennsylvania · 1959
15 more not listed; retrieve them via the Exa API.