Koenig v. Corcoran

STEPHENS, Circuit Judge.

This appeal reaches us after the trial court had taken the case from the jury at the conclusion of the plaintiff’s testimony and had dismissed it upon the ground that the evidence adduced could not support a verdict for plaintiff. The plaintiff is appealing, and for clarity in this opinion we shall continue to designate the parties as plaintiff and defendant. The case is in the federal courts because of diversity of citizenship.

The plaintiff was suing for damages for alienation of his wife’s affections, and there evidence to the following effect: 6

Plaintiff was working…