Legal Opinion

Lyon v. Prouty

Massachusetts Supreme Judicial Court

Decided October 24, 1891PublishedCited by 20 opinions

Tort, for seducing the plaintiff’s wife. Answer, a general denial. At the trial in the Superior Court, before Staples, J., there was evidence that from April, 1883, to April, 1885, the plaintiff and his wife were in the defendant’s employ, he as a farm laborer and she as housekeeper; that during that time the plaintiff witnessed various acts of familiarity between his wife and the defendant, but said nothing to the defendant about them; that in May, 1885, the plaintiff left…

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Tort, for seducing the plaintiff’s wife. Answer, a general denial. At the trial in the Superior Court, before Staples, J., there was evidence that from April, 1883, to April, 1885, the plaintiff and his wife were in the defendant’s employ, he as a farm laborer and she as housekeeper; that during that time the plaintiff witnessed various acts of familiarity between his wife and the defendant, but said nothing to the defendant about them; that in May, 1885, the plaintiff left the defendant’s employ, assigning as a reason that the defendant had stepped between him and his wife; that in the June…

1Opinion of the CourtMorton, J.

The defendant contends that the evidence relating to the conversation between the plaintiff and his wife should have been excluded, and that the plaintiff connived at *490the intercourse between the defendant and the plaintiff’s wife, and cannot now recover damages for such intercourse. We do not understand him to rely upon any other grounds for setting aside the verdict. The exception taken to the refusal of the court to rule, as requested by the defendant, that, if the husband and wife were living in a state of separation, the action could not be maintained because of criminal connection alone,…

2Cases cited4 opinions

  1. Terrill v. JenningsCourt of Appeals of Kentucky · 1858
  2. Jacobs v. HeslerMassachusetts Supreme Judicial Court · 1873
  3. Goodnow v. HillMassachusetts Supreme Judicial Court · 1878
  4. Draper v. SaxtonMassachusetts Supreme Judicial Court · 1875

3Cited by20 opinions

  1. Drew v. DrewMassachusetts Supreme Judicial Court · 1924
  2. Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
  3. Reynolds v. StateIndiana Supreme Court · 1897
  4. Freeman v. FreemanMassachusetts Supreme Judicial Court · 1921
  5. Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906

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