Keath v. Shiffer

Citations

• 37 Pa. Super. 573
• 1908 Pa. Super. LEXIS 329

Syllabus

<p>Husband and, wife — Alienation of wife’s affections — Criminal conversation — Evidence.</p> <p>A husband may maintain an action against one who has wrongfully induced his wife to separate from him, and it is not necessary in order to sustain such an action, that the plaintiff should either allege or prove criminal conversation. In such a case the jury may be properly instructed that in estimating the damages, they could take into consideration the social relations of the parties and the apparent affection existing between husband and wife before the separation.</p> <p>Where the plaintiff in such a case has offered evidence as to the conduct of the parties prior to the separation, laying a reasonable ground to infer an improper relation then existing between them, testimony as to their relations after the separation is admissible in order to render certain the inference to be drawn from the prior conduct.</p> <p>Under the Act of May 8, 1907, P. L. 184, in an action of crim. con. by a husband, the wife is a competent witness to rebut an attack upon her character or conduct. The statute does not make the wife generally competent as a witness in such actions, but only in regard to the matter of her character or conduct.</p>