Pugsley v. Smyth
Oregon Supreme Court
From Harney: Dalton Biggs, Judge. In Bane. Clifford D. Pngsley sued Fred W. Smyth for damages for alienating his wife’s affections. A trial resulted in a verdict and judgment for Pugsley. Smyth appealed.
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From Harney: Dalton Biggs, Judge. In Bane. Clifford D. Pngsley sued Fred W. Smyth for damages for alienating his wife’s affections. A trial resulted in a verdict and judgment for Pugsley. Smyth appealed. One assignment of error is based upon the refusal of the trial court to direct a verdict for the defendant, and for that reason an extended statement of the evidence given at the trial becomes necessary: The plaintiff and his wife were married in about the year 1909. There were two children; a daughter aged 10 years and a son aged 7 years. The defendant and his “people” live at Diamond, in…
1Opinion of the CourtHarris, J.
1-3. Each spouse is entitled to the conjugal society, affections, and assistance of the other. A third person who intentionally alienates or entices one spouse from the other is generally liable to the latter. Loss of service is not the basis of the right of action, for pecuniary loss is not a necessary element; but the right to recover is based upon loss of consortium. However, loss of consortium does not alone create a right of action; nor is a right of action brought into existence by the added fact that a spouse has voluntarily transferred his or her affections to a third person, the…
2Cases cited57 opinions
- Williams v. WilliamsSupreme Court of Colorado · 1894
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- State v. FarnamOregon Supreme Court · 1916
- People v. MullingsCalifornia Supreme Court · 1890
- Higham v. VanosdolIndiana Supreme Court · 1885
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3Cited by36 opinions
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- Hughes v. HolmanOregon Supreme Court · 1924
- Mason v. AllenOregon Supreme Court · 1948
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