Doom v. Vinson
Doom v. Vinson
Opinion of the Court
Opinion of the Court by
Affirming.
Through her father, Robert Vinson, as next friend, Katie May Doom, an infant, sued her father-in-law, B. T. Doom, for alienating the affections of her husband, Orion Doom. Prom a verdict and judgment in her favor the defendant appeals.
The facts are these: On June 5, 1920, Katie May Vinson, then an infant about sixteen years of age, and Orion Doom were married, without the consent and against the wishes of his father, B. T. Doom, who was then a widower with several children. On their return from the wedding, Katie May and her husband took np their residence on the farm of B. T. Doom. Katie May looked after the younger children and assisted in the household duties and she and her husband continued to live with B. T. Doom until August 5, 1920, when her husband went to Cairo, Illinois, in search of work. Prior to his departure he told two or three of his friends that he intended to leave his wife, but she was not informed of his purpose. Soon after he left she received from him two letters, one dated
“They áre telling dam lies on Ralph and Pony both I wish they were men, I would make pies out of their faces, or get mug fist one or the other. Orin it looks mity bad the way Kafcy May done me, the next day after you left she baut $12 dollars worth goods on my credit and $13 the next day she means to dress up.”
Pie concluded the letter with the following:
“I will be at Paducah next Thursday the 26th at the fair if you will meet me there I will tell you all about everything. You ort to wrote to me.”
Pursuant to the suggestion contained in the letter, Orion met B. T. Doom in Paducah on August 26. While B. T. Doom says that he never did or said anything to influence his son to leave his wife, he admits that he talked to him about Katie May’s having some of his effects in her trunk on the day she left, and further discussed the charge which she had made against Pony. On the following day, Orion wrote his wife that he had decided to leave her forever, as they could not live together after the way she had done his father. He added that she and her mother had told lies on Pony and that they were both liars. In a postscript he said, “All you know is to dress and go and a poor boy like me don’t need a woman like that.” Some time later Orion sent word to his wife that he wanted to speak to her, and they resumed their marital relations on October 2, when they took up their residence on the farm of Mr. Robert Smith. Katie May says that their relations were very pleasant until Orion went to see his father and that whenever he returned from
It is first insisted that the evidence was not sufficient to take the case to the jury or to sustain the verdict. In support of this position, it is argued that no witness testified to any word or act on the part of appellant tending to show that he used his influence to persuade his son to leave his wife. On the contrary, he did not know of his son’s purpose in the first instance to abandon his wife and tried to keep him from going away. When he met his son in Paducah, he did not discuss his marital relations with him. After his son and his wife were reconciled, he did not see his son or have an opportunity to advise with him on the subject. Notwithstanding all this, however, it does appear from the evidence that he was opposed to, and greatly wrought up over the marriage. Though his sister-in-law says that Katie May performed her duties well and kept the children clean and nice, it is shown that this did not please him but that he complained of the fact that she wanted “everything dolled up, ’ ’ and stated that Orion did not need a woman like that. Though he says he did not know of Orion’s purpose in the first instance to leave his wife, it was shown by way of impeachment that he told a witness that Ralph had stated that Orion was going to leave. If Katie May’s and Mrs. Vinson’s evidence be true, several statements contained in the letter which he wrote to Orion are either false or only partly true. Not only so, but the letter itself showed a hostile and vindictive attitude towards Katie May, even going to the extent of calling her a liar and wishing that she were a man, in order that he might break her face. Immediately following the letter, he and his son met in Paducah, where he promised to tell him “all about everything.” Though his son’s prior letters were kind and affectionate, he immediately wrote Katie May that he could not live with her
There is no complaint of the given instructions, hut it is insisted that the court erred in refusing an offered instruction telling the jury in substance that appellant had the right to counsel and advise his son, in good faith, regarding his relations with his wife, and that he was not liable unless he acted wrongfully and maliciously. As there was no plea of parental privilege, and as the given instructions authorized a recovery only in the event that appellant acted wrongfully and maliciously, refusal of the offered instruction was not error.
Another contention is that the letter from appellant to his son should not have been admitted in evidence. In this connection, it is insisted that the letter contained a reference to another matter, having no connection with the case and calculated to prejudice the jury. We find, however, that that portion of the letter, when offered by appellee, was excluded by the court, but was .subsequently permitted to be read to the jury on. motion of appellant. That being true, appellant can not complain of its admission. So far as the remainder of the letter is concerned, it needs no argument to show'its relevancy or important bearing on the issues involved.
Another insistence is that appellant was restricted in his effort to show what plans he had made to provide his son and wife with a farm and to equip it with the nec
We find no merit in the other errors assigned.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.