145 A. 94 (Pa. 1928), 127, Matusak v. Kulczewski
|Citation:||145 A. 94, 295 Pa. 208|
|Opinion Judge:||MR. JUSTICE KEPHART:|
|Party Name:||Matusak v. Kulczewski, Appellant|
|Attorney:||Joseph Knox Stone, with him L. M. Sebring, for appellant. F. G. Moorhead, of Moorhead & Marshall, for appellee.|
|Judge Panel:||Before MOSCHZISKER, C.J., FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.|
|Case Date:||November 26, 1928|
|Court:||Supreme Court of Pennsylvania|
Argued: October 2, 1928
Appeal, No. 127, March T., 1928, by defendant, from judgment of C.P. Beaver Co., Dec. T., 1926, No. 378, on verdict for plaintiff, in case of Anthony Matusak v. John Kulczewski. Reversed.
Trespass for alienation of wife's affections. Before McCONNEL, J.
The opinion of the Supreme Court states the facts.
Verdict and judgment for plaintiff for $3,000. Defendant appealed.
Errors assigned were rulings on evidence, referred to in opinion of the Supreme Court, quoting record.
The judgment is reversed with a venire facias de novo.
Defendant sought to offer evidence that the house of plaintiff and his wife was frequented by persons of bad character and reputation, this being one stage in the proof that the wife of plaintiff was a common prostitute, and that she was therefore guilty of adultery or such other conduct before defendant's alleged acts that her credibility was affected or damages mitigated, or that her husband permitting her to keep or to assist him in keeping a bawdyhouse, before the alleged acts of defendant, would have such fact proven against him to affect her credibility and to mitigate damages: Com. v. Eagler, 10 Kulp 107; Yocum v. Yocum, 3 Pa. Dist. R. 615.
[295 Pa. 210]
Defendant, in an action for alienation of affections and criminal conversation, offered to prove as a defense and in mitigation of damages (a) that prior to the injury [295 Pa. 211] complained of plaintiff and his wife were conducting a house of ill repute, and (b) the reputation, for unchastity, drunkenness, gambling and tippling, of the persons who visited the...
To continue readingFREE SIGN UP