W v. W

The single question reserved is whether the practice of masturbation by a husband in the presence of his wife, but without compelling her to remain present, which injures her health by its effect upon her feelings, is “ cruel and abusive treatment ” within the Pub. Sts. c. 146, § 1.

We will assume, although it is not found as a fact, that the libellee knew how his conduct worked upon his wife, and we fully agree that, in general, foresight of a consequence of one’s act has the same effect upon liability for producing it as intent to produce that consequence. Commonwealth v. Pierce, 138 Mass.…