Benny v. Benny

Opinion by

Boss, J.,

In this divorce action, the master recommended that a divorce be granted on the ground of indignities. Exceptions to his report were sustained by the court below, the libel dismissed and the libellant husband took this appeal.

The libellant has the burden of proving by the preponderance of the evidence (Dash v. Dash, 357 Pa. 125, 53 A. 2d 89) that the respondent by a course of conduct rendered his condition intolerable and his life burdensome. Monaco v. Monaco, 160 Pa. Superior Ct. 117, 50 A. 2d 520; it must clearly appear from the evidence that he is the innocent and…