Phillips v. Thomas

Citations

• 70 Wash. 533
• 127 P. 97
• 1912 Wash. LEXIS 1078

Syllabus

<p>Husband and Wipe — Alienation op Appections — Evidence— Wealth op Dependant — Damages. Punitive damages not being recoverable in this state, in an action for alienation of a husband’s affections, evidence that defendant frequently spoke to plaintiff’s husband of defendant’s great wealth, is inadmissible, where there was no evidence that she held out her wealth as an inducement for the husband to divorce the plaintiff and marry her, or tending to connect such evidence with other matters causing the alienation.</p> <p>Appeal — Review—Ebrob in Admission op Evidence — -Instructions to Cube Ebbob. Where the jury gave plaintiff a verdict for $35,000 for the alienation of the affections of her husband, aged nearly fifty years, by a woman of 56, it cannot be said that an instruction to disregard the wealth of the parties cured error in admitting evidence tending to show the defendant’s great wealth.</p> <p>Husband and Wipe — Alienation op Appections — Damages— Mitigation. In an action for alienation of affections, the fact that the husband and wife had been living separate and apart for three years, and had little affection for one another, may be shown in mitigation of damages.</p> <p>Same — Alienation op Appections — Damages—Excessive Verdict. A verdict for $35,000 for alienation of a husband’s affections, reduced by the trial court to $25,000, is still so excessive and unreasonable as to raise a presumption of passion and prejudice, requiring a new trial, where the parties were past middle life, had been living separate and apart for three years, and had little affection for one another.</p>