Koenig

This appeal reaches us after the trial court had taken the case from the jury at the conclusion of the plaintiff’s testimony and had dismissed it upon the ground that the evidence adduced could not support a verdict for plaintiff. The plaintiff is appealing, and for clarity in this opinion we shall continue to designate the parties as plaintiff and defendant. The case is in the federal courts because of diversity of citizenship.

The plaintiff was suing for damages for alienation of his wife’s affections, and there evidence to the following effect:

Plaintiff was working in a town away the family domicile, and he and his mad child visited each other over some weekends. For a time his wife was stay-with her sister in a residence close to a 'beer parlor which was run by the sister’s husband. Defendant and plaintiff’s wife met by introduction in the beer parlor and became friendly. Through the months of November and December, 1947, they saw each other and on numerous occasions sat alone in his automobile well into the night, Upon one occasion in February or March of 1948, they were alone in the residence and in or on a bed after midnight. When , , i, 5 asked what they were doing by…