Stewart v. Hagerty

Citations

• 251 Pa. 603
• 96 A. 1099
• 1916 Pa. LEXIS 512

Syllabus

<p>Trespass — Alienation of husband’s affection — Evidence — Acts subsequent to separation — Inadmissible evidence.</p> <p>1. In an action brought by a wife against another woman for alienating the affections of plaintiff’s husband, evidence tending to show that defendant had improper relations with plaintiff’s husband after the separation, is not admissible in the absence of evidence of improper relations prior to the separation.</p> <p>2. In such an action the burden is upon plaintiff to prove that defendant was the pursuer, not merely the pursued, and that she deliberately influenced plaintiff’s husband to withdraw his care, protection, comfort and companionship from plaintiff.</p> <p>3. Plaintiff offered evidence that, prior to her husband’s separation from her, defendant was seen walking and talking with him on the street on several occasions. There was no evidence that improper relations between defendant and plaintiff’s husband existed prior to the separation, but there was evidence tending to show the existence of such relations subsequent thereto. The lower court submitted the case to the jury, which found a verdict for plaintiff, upon which judgment was entered. Held, (1) that there was no evidence of acts on defendant’s part prior to plaintiff’s separation from her husband from which the inference could be drawn that defendant was the active cause of the alienation of plaintiff’s husband’s affection from his wife, (2) that the evidence of improper relations subsequent to the separation was inadmissible, and could not be considered, and the judgment was reversed and entered for defendant.</p>