Curtis v. Miller

Citations

• 269 Pa. 509
• 112 A. 747
• 1921 Pa. LEXIS 596

Syllabus

<p>Husband, and wife — Alienation of wife’s affections — Evidence— Burden of proof — Harmless error — Appeal.</p> <p>1. In an action for damages for alienation of a wife’s affections, where it appears that the wife left plaintiff’s home and took up her residence in another city, the burden is on plaintiff to establish the fact of alienation, and that the wife’s action was due to inter-meddling on the part of defendant.</p> <p>2. A letter written by defendant to the wife shortly after her marriage containing endearing expressions, and expressing surprise at her marriage, .is not proof of subsequent interference by defendant.</p> <p>3. Declarations by defendant that he intended to get her back, and would supply what she needed, while evidence of an intent to do the acts charged, are not proof that they were actually carried out.</p> <p>4. A deed of real estate by defendant to the wife for a nominal consideration, executed after the suit was brought, is admissible, but, where it would not have added sufficient weight to the evidence already before the jury to warrant a finding that the affections of plaintiff’s wife had been alienated by defendant, its exclusion is no ground for reversal.</p> <p>5. The exclusion of letters written by plaintiff to his wife previous to their separation showing affectionate relations between them, is not ground for reversal of a judgment for defendant, where it appears that such letters were merely cumulative of other ample evidence to support this feature of plaintiff’s case.</p>