Burch v. Goodson

• Citation: 116 P. 216,85 Kan. 86
• Decision Date: 10 June 1911
• Docket Number: 17,112
• Parties: LENORA BURCH, Appellant, v. MARY J. GOODSON, Appellee
• Court: United States State Supreme Court of Kansas

116 P. 216

85 Kan. 86

LENORA BURCH, Appellant, v. MARY J. GOODSON, Appellee

No. 17,112

Supreme Court of Kansas

June 10, 1911

Decided January, 1911.

Appeal from Sedgwick district court.

Judgment reversed and cause remanded.

SYLLABUS

SYLLABUS BY THE COURT.

1. HUSBAND AND WIFE--Alienation of Affections. In an action by a wife for the alienation of her husband's affections it is error to sustain a demurrer to the plaintiff's evidence when it shows continuous, persistent and successful efforts on the part of another woman to monopolize the company of the husband, resulting in his increasing neglect and final abandonment of his wife and children.

2. DAMAGES--Alienation of Affections. The law no longer hesitates to award damages against one who by continued willful machinations succeeds in wholly or partially depriving a wife of the affections which otherwise her husband would have bestowed upon her.

John W Adams, and George W. Adams, for the appellant.

OPINION

WEST, J.:

The plaintiff sued for damages for the alienation of her husband's affections. The testimony showed that Lenora and Norris T. Burch were married in 1899, at Kirksville, Mo and about four months thereafter went to Scott City, Kan., where they remained on a farm with a brother of Burch until about April, 1901, when they moved to Sterling, Kan. Here four children were born, and at the time of the trial were aged eight, six and four years and twenty months, respectively. The defendant, Mrs. Goodson, a widow, somewhat older than Burch, lived at Sterling, and Burch frequently worked for her by the day. For some reason he was frequently at her house during evenings. Mrs. Goodson desired to move to Wichita and employed Burch to help in the preparations, and he finally took his family to her house, where both he and his wife helped with the packing. There appeared to be another family also living in the house. Mrs. Goodson gave the plaintiff and the children a bed upstairs, but Burch continued to sleep somewhere downstairs, although there was plenty of room where the wife and children were. When the plaintiff would retire with the children Burch and the defendant would desire her to keep quiet while they settled up affairs, which usually occupied their time until eleven or twelve o'clock, consisting of settling up accounts, drinking beer and eating cheese. When Mrs. Goodson desired to talk to Burch during the day she would take him to the front parlor, shut the doors, and there have the conversation. After moving to Wichita and just before the plaintiff's youngest child was born, Mrs. Goodson went to Sterling, had dinner at Burch's place, and sent for beer, cheese and other things for herself. After dinner she had Burch drive her around on business. Burch protested that he had promised to take his wife out, that she had stayed in close and should get out, but Mrs. Goodson insisted that she must have Burch drive her, which he did, leaving his wife at home. They were seen together at the fair grounds. Burch returned home for supper and then left, returning again about twelve o'clock. A few weeks later he went to Wichita to see Mrs. Goodson, staying two or three days. He continued to make trips back and forth, and after the holidays in 1907 Mrs. Goodson wanted him to go west and sell her land. He went to Wichita and was gone about four days, when he returned home, saying he had a job. After various short stays at Wichita he remained at home one day and then was absent six weeks, during which time his children were all sick with the measles, and although his wife wrote him every day he did not reply. Afterward he returned home and sent his wife to her father's for a rest and went back to Wichita. After returning to Sterling the plaintiff's children had the chickenpox, and upon informing her husband that the doctor advised a change of water for one child he wrote her to give the child a good drink. Later when he came home he met her at the depot and was very cold toward her, and soon returned to Wichita. Just before Christmas, 1908, he went to Sterling and asked his wife to sue for a divorce. Since his first coming to Wichita he has not contributed to the support of his wife and children, except to the extent of about $ 35. Since the separation the...