Beisel v. Gerlach

Citations

• 221 Pa. 232
• 70 A. 721
• 1908 Pa. LEXIS 469

Syllabus

<p>Parent and child — Husband and wife — Alienation of daughter’s affections — Suit by husband against wife’s father — Malice—Parental affection —Evidence.</p> <p>The reciprocal obligations and affections of parent and child last through life, before and after marriage, and in the trial of an action by a husband against his wife’s father for the alienation of his wife’s affection, the greatest care should be exercised so that the assertion of a supposed right of action may not be based upon a proper parental regard for the welfare and happiness of the child.</p> <p>There is a wide and essential difference between the rights and privileges of a parent in such a case, and those of an intermeddling stranger. The law recognizes the right of a father to advise his daughter about her domestic affairs without incurring liability for alienation, if the advice be given in good faith and prompted by worthy motives even if such advice influenced the daughter in making up her mind to separate from her husband. In other words, there can be no recovery against the father unless it clearly appears that he acted maliciously, without justification and from unworthy motives.</p> <p>In an action against a father to recover damages for the alienation of his daughter’s affections from her husband, it is not only necessary to allege in the statement of claim all the essential elements required to sustain the action, but the measure of proof must be correspondingly high. It will not do to allege an extreme case and support it by indifferent proof, or by proof which fairly considered only shows that the parent did what any parent would have done under similar circumstances for the peace and comfort and happiness of his household.</p> <p>In this class of cases the first duty rests with the court to say whether the evidence is sufficient to meet the measure of proof required, and whether, if believed, it would warrant a finding by a jury in favor of the plaintiff. A jury in the absence of su