Sherry v. Moore

The writ in this action was dated November 20, 1922. The declaration was in three counts for wrongful deprivation of consortium. At the trial, the judge directed a verdict for the defendant upon the third count, which charged deprivation because of adultery, and, after the plaintiff had elected to proceed only upon his first count, refused to order a similar verdict on that count. The case is before us upon the defendant’s exceptions to this refusal, and to seventeen rulings on the admission or exclusion of evidence.

There is no dispute that in February, 1920, the plaintiff and his wife who,…