Smith v. Mitchell

Plaintiff sued to recover damages for the alienation of his wife’s affections by defendant. The jury returned a verdict in favor of defendant and judgment was entered accordingly. Plaintiff moved for a new trial upon the following grounds, among others: “ 1. Irregularity of the proceedings of the court, jury and adverse party, to wit, the defendant, by which the plaintiff was prevented from having a fair trial. ... 7. Error in law occurring at the trial and excepted to by the party making the application.” The court granted the motion “upon the ground of errors in the instructions given to the jury by the court.” This appeal is from the order granting a new trial.

The evidence is sufficient to sustain a judgment for either party. In view of the necessity of a new trial the evidence will not be discussed further than is necessary to an intelligent understanding of the questions of law involved. The plaintiff and his wife and their three little children were living on a ranch belonging to defendant, who was boarding with them. The plaintiff became jealous because of the relations, real or imaginary, between his wife and defendant, resulting in domestic quarrels and culminating in…