Hedman v. Siegriest, 307

Decision Date03 December 1968
Docket NumberNo. 307,307
PartiesEvelyn Anderson HEDMAN v. Hazel L. SIEGRIEST.
CourtVermont Supreme Court

Black, Wilson & Hoff, Burlington, for plaintiff.

Joseph S. Wool, Burlington, for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

KEYSER, Justice.

The plaintiff's complaint charges the defendant with the malicious alienation of her husband's affections and with criminal conversation. Trial was by jury. At the close of plaintiff's case the court granted defendant's motion for a directed verdict and entered judgment for the defendant. The defendant advanced in essence two grounds as the basis of her motion, namely: (1) insufficiency of evidence to support plaintiff's allegations and (2) lack of any evidence that affection existed between the plaintiff and her husband that could be alienated.

In granting the motion on the grounds urged by the defendant, the court ruled as a matter of law that the evidence, viewed in the light most favorable to the plaintiff, would not support a verdict in the plaintiff's favor. Rivard v. Roy, 124 Vt. 32, 37, 196 A.2d 497. In passing on defendant's motion for a directed verdict, the evidence must be viewed in the light most favorable to the plaintiff and the effect of modifying evidence is to be excluded. Eastman v. Williams, 124 Vt. 445, 449, 207 A.2d 146. All conflicts are resolved against the defendant and contradictions and contrary inferences are for the jury to resolve. Berry v. Whitney, 125 Vt. 383, 384, 385, 217 A.2d 41. The motion cannot be granted if there is evidence fairly and reasonably tending to support plaintiff's claim. Ibid.

Viewed in this light the evidence discloses the following factual situation. The plaintiff and her husband were married in Maine on May 1, 1934 and lived there until they moved to Vermont in 1943. They lived together as husband and wife in South Burlington until their separation in October 1964 when the plaintiff instituted a divorce action.

In the fall of 1963 Mr. Hedman became acquainted with the defendant at a restaurant in Milton. After this Mr. Hedman continually visited, or dated, defendant at least once a week and more often as time progressed. They were together at defendant's home in Essex Junction and at her camp in Malletts Bay, also at Hedman's camp in Milton. They played cards, watched television and dined out as well as at defendant's home. They went to parties, frequently went swimming at defendant's camp, went ice fishing and took two weekend trips to Massachusetts to visit defendant's sister.

The plaintiff did not know of her husband's relationship with the defendant until told about it by her husband quite some time after it began. He told his wife all the details of his affair with the defendant and indicated he had had intimate relations with her. The plaintiff became upset upon learning of this situation. In January 1964, the plaintiff noticed her husband acted indifferent toward her. He told her he had found another woman whom he said he wanted. Also he suggested to plaintiff that she should live alone and obtain a divorce.

The defendant knew Mr. Hedman was a married man being told of this fact on her second date with him. The plaintiff called the defendant and told her she didn't want her home broken up. However, the defendant continued to see Mr. Hedman just as frequently as before and did so even after service of the writ in this case. Mr. Hedman had expressed to defendant his love for her and his affection for the defendant was quite apparent to her.

The plaintiff brought divorce proceedings in 1964. Her husband then moved out of the home and took up residence at his camp in Milton. Decree of divorce was granted the plaintiff in October 1965.

The plaintiff and her husband got along fine 'for quite a while' after moving to Vermont. She felt that except for the defendant, she and her husband would still be living together 'because we were happy together.'

The plaintiff claims the court erred in granting defendant's motion on the ground that there was insufficient evidence of alienation of affection to carry the case to the jury. The defendant argues that the plaintiff failed to prove the allegations in the complaint by a preponderance of the evidence.

It is not the province of the court to weigh the evidence and determine which preponderates. Where there is some evidence which tends to support plaintiff's case it is for the jury to consider, construe and decide the case according to the weight it gives to the evidence.

The essential elements of plaintiff's case are threefold: (1) defendant's wrongful conduct; (2) plaintiff's loss of her husband's affections or consortium; and (3) causal connection between defendant's acts and conduct and plaintiff's loss of her husband's affections.

The plaintiff had the burden of showing that defendant's conduct was actuated by malice; but express malice need not be proved. Malice in the sense used in actions of this kind implies no more than the intentional doing of a wrongful act without just cause or excuse, and it may be inferred from conduct. Woodhouse v. Woodhouse, 99 Vt. 91, 130 A. 758.

The fact that beginning in October 1963 the defendant and plaintiff's husband spent a good deal of time together is not contradicted. There was a change in Mr. Hedman's attitude and conduct toward his wife after he began dating the defendant. The testimony indicates that this affair culminated in the plaintiff obtaining a divorce. Previously, according to the plaintiff, they had been happy. It is undisputed that they lived together as husband and wife and were until the defendant entered into the marital arena. There is evidence tending to show an intentional and continual interference by the defendant of the marital relationship by her acts and...

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