Joseph v. Naylor

Citations

• 257 Pa. 561
• 101 A. 846
• 1917 Pa. LEXIS 780

Syllabus

<p>Trespass — Alienation of affections — Debauching of wife — Damages — Punitive damages — Presumption of malice — Pleading—Trials — Evidence—Improper remarks■ of witness — Remarks unprejudicial — Motion to withdraw juror — Refusal.</p> <p>1. As a general rule of pleading it is not necessary expressly to claim exemplary damages, it being sufficient if the facts alleged and the proofs be such as to warrant their assessment.</p> <p>2. A husband may recover punitive damages for the debauching of his wife, not only by way of compensation to the plaintiff, but as a punishment to the defendant, for when a wrongful act is done intentionally, without just cause or excuse, malice is presumed.</p> <p>3. The fact that a husband and wife may not be living together in perfect harmony when the latter’s affections are alienated, does not affect the right of the former -to recover in an action for the debauching of his wife and the alienating of her affections, although such circumstances may be considered in mitigation of damages. i</p> <p>4. In an action to recover for the debauching of plaintiffs wife and the alienation of her affections the refusal to withdraw a juror moved for because of certain immaterial and irrelevant remarks of plaintiff’s wife while on the stand, was not reversible error where no objection was made to the remarks until the witness stopped a long tirade, and the irrelevant' and hearsay evidence was then ordered stricken out, and where no exception was taken, to- the ruling in refusing to withdraw a juror. •</p> <p>5. In such case where defendant admitted his illicit relations with plaintiffs wife but denied that he was afflicted with a venereal disease and was responsible for plaintiff’s wife contracting same, as alleged by plaintiff, the trial judge did not commit an abuse of discretion in refusing defendant’s motion for the withdrawal of a juror because of remarks of plaintiff’s wife while on the stand that she had seriously wronged her husband “for some