Gahagan v. Church

The plaintiff’s action is based on loss of consortium, — that is, his right to the society, conjugal affections and assistance of his wife. Alienation of affections alone is not a substantive cause of action in this Commonwealth, but merely aggravates the damages where the wife is debauched or enticed away. Neville v. Gile, 174 Mass. 305. It was not necessary for the plaintiff to allege or prove adulterous intercourse; as the action is not for criminal conversation. Houghton v. Rice, 174 Mass. 366. His claim is that the defendant, with malice or improper motives, persuaded and enticed his…