Ronan v. Briggs
| Decision Date | 02 November 1966 |
| Citation | 220 N.E.2d 909,351 Mass. 700 |
| Parties | James F. RONAN v. Clement A. BRIGGS. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
James F. Ronan, pro se.
Douglas Smerdon, Taunton, for defendant.
Before WILKINS, C.J., and SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL and REARDON, JJ.
RESCRIPT.
The plaintiff appeals from an order of the Superior Court sustaining generally the defendant's demurrer to his declaration which alleged that the defendant alienated the affections of his wife and 'also the children born naturally of their marriage.' Although not stated in the declaration, the action is presumably one in tort. The declaration did not allege loss of consortium by the husband and was thereby rendered vulnerable to a demurrer. Neville v. Gile, 174 Mass. 305, 306, 54 N.E. 841; Sherry v. Moore, 258 Mass. 420, 423, 155 N.E. 441. In addition, no cause of action exists for the alienation of the affections of children. Nelson v. Richwagen, 326 Mass. 485, 486--488, 95 N.E.2d 545.
Order sustaining demurrer affirmed.
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...Id. at 156, 302 N.E.2d 555. By contrast, a parent has been denied recovery for alienation of his child's affections. Ronan v. Briggs, 351 Mass. 700, 220 N.E.2d 909 (1966). And as our previous discussion indicates, a parent could receive damages for loss of his child's society in an action f......
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Murphy v. I.S.K. Con. of New England, Inc.
...child from the home would be to allow an action for alienation of affections, for which recovery cannot be had. See Ronan v. Briggs, 351 Mass. 700, 220 N.E.2d 909 (1966). The Restatement (Second) of Torts § 700 (1977) encompasses all of the actions described above: "One who, with knowledge ......
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...McGrady v. Rosenbaum, 62 Misc.2d 182, 308 N.Y.S.2d 181 (1970); aff'd 37 A.D.2d 917, 324 N.Y.S.2d 876 (1971); Ronan v. Briggs, 351 Mass. 700, 220 N.E.2d 909 (1966); see also, Orlando v. Alamo, 646 F.2d 1288 (8th Cir.1981) (applying Arkansas law); Schuppin v. Unification Church, 435 F.Supp. 6......