Hadley v. Heywood
Massachusetts Supreme Judicial Court
Tort. The declaration contained two counts, the first alleging that the defendant had debauched the plaintiff’s wife, and deprived him of her society; and the second that the defendant had alienated the affections of the plaintiff’s wife from the plaintiff, and had enticed her to desert him.
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Tort. The declaration contained two counts, the first alleging that the defendant had debauched the plaintiff’s wife, and deprived him of her society; and the second that the defendant had alienated the affections of the plaintiff’s wife from the plaintiff, and had enticed her to desert him. At the trial in the Superior Court, before Rockwell, J., there was evidence tending to' show intimacy and familiarity, manifested in various ways, between the defendant and the plaintiff’s ■wife, and also tending to show that on November 2, 1870, they were seen together in the defendant’s barn under…
1Opinion of the CourtLord, J.
The verdict of the jury, in favor of the defendant upon the first count, renders immaterial the exceptions taken by the defendant to the sufficiency of the evidence upon that count. In relation to the second count, we see no objection to the ruling of the presiding judge. Certainly, it is not necessary for the plaintiff to prove that the defendant’s conduct was the sole cause of his wife’s leaving him; and the ruling of the presiding judge that it is sufficient to maintain the action, if the defendant’s conduct was the controlling cause, without which she would not have left him, is not…
2Cited by29 opinions
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Higham v. VanosdolIndiana Supreme Court · 1885
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- Cutter v. CooperMassachusetts Supreme Judicial Court · 1920
- Moelleur v. MoelleurMontana Supreme Court · 1918
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