Fitzpatrick v. Fitzpatrick

A judgment of separation does not affect the integrity of the marriage relation, but merely discharges the com- • plaining spouse from the duty of cohabitation.

It is not the law of Hew York that to such judgment in favor of a wife actual or apprehended physical injury is an indispensable , condition. By the terms of the statute “ cruel and inhuman treat- • ment ” justifies a sentence of separation; and that inhumanity may be evinced and cruelty inflicted by verbal outrage as well as. by *379bodily abuse is a fact of human experience and of judicial recognition. Lutz v. Lutz, 31 N. Y. St. Repr.…