Negus v. Foote
Massachusetts Supreme Judicial Court
Tort for enticing and seducing the plaintiff’s wife and thereby winning her affections and alienating her affections from the plaintiff, by reason of which the plaintiff lost the “affection, aid, assistance, comfort and consortium” of his wife.
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Tort for enticing and seducing the plaintiff’s wife and thereby winning her affections and alienating her affections from the plaintiff, by reason of which the plaintiff lost the “affection, aid, assistance, comfort and consortium” of his wife. Writ dated September 7, 1915. In answer to a motion by the plaintiff for specifications, the defendant filed specifications, in which he alleged that the enticement and seduction took place at Millers Falls in the town of Montague, that the defendant had unlawful sexual intercourse with the plaintiff’s wife at that place, and, as to other times and…
1Opinion of the CourtBraley, J.
The cause of action stated in each count of the amended declaration is for loss of consortium, and the allegation of the alienation of the affections of the plaintiff’s wife through the alleged acts and conduct of the defendant only go in aggravation of damages. Hadley v. Heywood, 121 Mass. 236. Nolin v. Pearson, 191 Mass. 283, 287, 288. While the action can be maintained without proof of adultery, Nolin v. Pearson, ubi supra, Webber v. Benbow, 211 Mass. 366, 368, it is clear upon the record that to make out a case for the jury the plaintiff was obliged to offer evidence of his wife’s…
2Cases cited11 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Hadley v. HeywoodMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. GrayMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. O'ConnorMassachusetts Supreme Judicial Court · 1871
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3Cited by10 opinions
- Commonwealth v. BemisMassachusetts Supreme Judicial Court · 1922
- Labrie v. MidwoodMassachusetts Supreme Judicial Court · 1931
- Perry v. CarterMassachusetts Supreme Judicial Court · 1955
- Commonwealth v. KitchenMassachusetts Supreme Judicial Court · 1937
- Hargraves v. BallouSupreme Court of Rhode Island · 1926
5 more not listed; retrieve them via the Exa API.