Helen Marra v. Esther Bushee

ANDERSON, Circuit Judge.

Helen Marra, a resident of New York, brought this diversity action in the District Court for the District of Vermont against appellant Esther Bushee, a Vermont resident, to recover for the loss of consortium resulting from appellant’s alienation of the affections of and criminal conversation with Allan Marra, the plaintiff’s husband. The jury found in the plaintiff’s favor and awarded her some $9,000 in damages. For the reason set forth below, we reverse and remand for a new trial.

During the latter years of their marriage Allan and Helen Marra seldom shared the same…