Bowers v. Bowers

• Decision Date: 11 January 1921
• Citation: 98 Or. 548,194 P. 697
• Parties: BOWERS v. BOWERS ET AL.
• Court: Oregon Supreme Court

194 P. 697

98 Or. 548

BOWERS v. BOWERS ET AL.

Supreme Court of Oregon

January 11, 1921

Department 1.

Appeal from Circuit Court, Jackson County; J. W. Hamilton, Judge.

Action by Mildred A. Bowers against Benton Bowers and the Bowers Investment Company, wherein the first-named defendant filed a cross-complaint. From a decree denying relief to either party and dismissing the suit, the plaintiff appeals. Affirmed.

In this suit for divorce the plaintiff wife makes various charges against her husband which she denominates cruel and inhuman treatment. She says that he failed to keep his prenuptial promise that they should have a separate home and that she should not be burdened with the care of his four children by a former marriage, but that, on the contrary, he compelled her to take up her residence near Ashland, Or., in a home he had bought in the name of his said children and which was occupied by them, a widowed sister, and an uncle of the defendant. She complains of the responsibility and care thrust upon her on account of the children, want of help, and petty annoyances at the hands of the sister, all of which the defendant did nothing to prevent. Other grievances to which she gives utterance in the complaint consist of the defendant's failure to keep the dwelling and grounds in good order and repair and suitably furnished, so that she was compelled to varnish the furniture, care for the lawn, and do other manual labor in caring for the premises. She says, too that over her protest that she believed a man employed by the defendant had broken into the house and was therefore objectionable to her, the defendant disregarded her wishes and employed the man. The defendant is accused of stopping her credit at the meat market, so that on one occasion she was embarrassed by being denied credit in the presence of a friend. According to the complaint, the defendant was at fault in not supplying the plaintiff with current magazines and in complaining that she did not make up his bed, although she was worn out with days and nights of watching over their sick child. He also set up in the living room a heating stove which was objectionable to her; and for weeks at a time he would not speak to her except in the presence of company, at which times he was courteous and agreeable. It is also laid to his charge that he neglected the water system appurtenant to the home so that it became contaminated with dead squirrels and deceased cats, and the plaintiff was compelled to clean out the system; that he complained of the expense of a few dinner parties she gave; that, as she is informed and believes, he either cashed or changed a policy of insurance on his life of which she was the original beneficiary, so that it will be of no benefit to her; and that, although their son was born with a constitutional disease and was a constant care to the plaintiff, the defendant has never manifested any sympathy with her on account thereof. After a long recital of grievances by way of prologue, of which the foregoing is a condensed résumé, the complaint contains the following averments:

"That during the married life of plaintiff and defendant a young woman whose name the plaintiff does not care to allege, but will do so if the defendant insists that it shall be alleged resided for a period of time with the plaintiff and defendant at their said home, and that during her residence with the plaintiff and defendant this said woman became pregnant, and the plaintiff, upon information and belief, alleges that defendant had illicit intercourse with said young woman, and that defendant is the father of the child of said young woman. That upon one occasion plaintiff overheard a conversation between defendant and said young woman at which time said young woman accused defendant of being the father of her child, which accusation defendant did not deny, and defendant, plaintiff is informed and believes, has been providing said young woman with money, although she is of no relation to defendant.

"That during the year 1914, the defendant was carrying on a correspondence with a young woman in California whose name the plaintiff does not care to allege, but will do so if the defendant desires that she shall allege the said name, which correspondence was not of a business character and which was of a flirtatious character, and plaintiff is informed and believes that defendant made repeated dates with said woman and met her clandestinely in California and wrote and received from her a number of letters of said character, all of which was without the knowledge or consent of plaintiff.

"That about 15 years ago this defendant was afflicted with a loathsome and incurable disease, to wit, syphilis, and at or about that time the defendant was ill for a great length of time with said disease which resulted in sores upon his body and was treated for this condition, and that at said time defendant knew that he was afflicted with syphilis and knew that for him to beget an offspring would result in said offspring being diseased and afflicted with said disease congenitally and be defective and a great care and burden to those who would have his care and charge. That nevertheless the defendant, without informing this plaintiff of his said condition or of the consequences that would flow therefrom asserted his marital rights and begot a son, Raymond, who was born about 14 years ago. That said son was born congenitally afflicted with said disease of syphilis and has had ever since his birth, and now has, said syphilitic condition as a result of the previous condition of defendant above set forth. That during all of the times since said son was born he has been a constant care and worry to the plaintiff due to said condition of said defendant. That during all of said time it has been...