Roberts v. Cohen

The questions arising upon appellant’s assignments of error relate to the ruling of the trial court in denying the motions for nonsuit and directed verdict. The correctness of the court’s decision upon these motions depends upon the evidence, or lack of evidence, adduced upon the trial for the purpose of supporting the material allegations of plaintiff’s complaint. The defendant charges that there is an absence of evidence establishing malice.

The testimony shows the marriage of plaintiff and Isaac S. Labowitch; that they lived together as a happily married couple; that he sent her to…