Hartpence v. Rogers
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. E J. Beoaddus, Judge. (1) To constitute a tort there must be a conjunction of damage and wrong, and there is no tort if either damage or wrong is wanting. Cooley on'Torts [1 Ed.], 62. (2) The cause'of action submitted to the jury involved no element of wrongfulness. To make the enticement of the wife from her husband actionable it must have been done from malice or with improper motives.
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Appeal from Caldwell Circuit Court. — Hon. E J. Beoaddus, Judge. (1) To constitute a tort there must be a conjunction of damage and wrong, and there is no tort if either damage or wrong is wanting. Cooley on'Torts [1 Ed.], 62. (2) The cause'of action submitted to the jury involved no element of wrongfulness. To make the enticement of the wife from her husband actionable it must have been done from malice or with improper motives. Bhinehart v. Bills, 82 Mo. 534; Gilchrist v. Bale, 34 Am. Dec. 469. (3) The plaintiff was allowed to recover on a different cause of action than that stated in his…
1Opinion of the CourtWilliams, J.
This is an action for damages for alienating the affections of plaintiff’s wife, and wrongfully causing her to abandon him. The petition further charges that defendant debauched her, but the jury was not required to pass upon that issue. The answer was a general denial.
The errors assigned relate to the action of the court in the admission and exclusion of evidence, the giving and refusal of instructions, and the failure to set aside the verdict because excessive.
Plaintiff’s evidence tended to show that he was married August 1, 1889, and that he and his wife lived together happily thereafter,…
2Cases cited8 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- State v. ScottSupreme Court of Missouri · 1891
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
- Britton v. City of St. LouisSupreme Court of Missouri · 1894
- Morgan v. RossSupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Luther v. ShawWisconsin Supreme Court · 1914
- Schafer v. OstmannMissouri Court of Appeals · 1910
- Leavell v. LeavellMissouri Court of Appeals · 1905
- Kraus v. KrausMissouri Court of Appeals · 1985
24 more not listed; retrieve them via the Exa API.