Block v. Block
Block v. Block
Opinion of the Court
This action on the case for the alienation of the affections of the plaintiff’s husband comes before this Court on a general motion for a new trial. The defendants, who are respectively the mother and sisters of the husband, are sued jointly, and a verdict against them for $4,500 was given in the trial court. The action is brought under Section 7 of Chapter 74 of the Revised Statutes.
The plaintiff, whose maiden name was Freída Seigal and lived in Portland, Maine, was married on May 24, 1931, to Myer Block of Thomaston. They and their families are Jewish people and the marriage was brought about in accordance with their customs and the tenets of their religion. They met at the instance of matchmakers, their courtship followed only after a parental conference
The honeymoon was spent, for the night of the wedding, at a local hotel and, for the rest of the week, in Portland at the house of the bride’s mother. The plaintiff’s story, as she told it to the jury, is that, finding her husb.and apparently normal physically, she was kissed and caressed by him in her marriage bed and, though he protested his love and solicited intercourse and she was willing, when her consent was.given, it was rejected with the explanation that he had been told by his family to wait a year. While the couple stayed in Portland, the husband continued his refusal to have intercourse, and there was no change when a few days later he took his wife to Thomaston and installed her as a member of his parents’ household. She lived with him in this unusual and unnatural manner, except as she came to Portland for short visits, until the following fall when, as she says, her husband, having sent her to her mother with a promise to join her in a few days and arrange for a
Within a week after Mver Block came to his parents’ home, trouble arose in the family. It is very apparent, as is often the case in certain families, that Shaina Block, the young man’s mother, ruled her household and demanded and received almost implicit obedience from the members of her immediate family. Her dominion over her son, as well as her other children, was practically complete and her word was law. This situation was not changed when the son married. The mother-in-law received the young bride into her home at first in a friendly and kindly spirit, but within a few days turned against her. The plaintiff told the jury nothing she did suited her mother-in-law, who pronounced her no good, without brains, and unfit to be a wife for the son. She says she was not allowed to join the family at their meals, but was compelled to cook her own food and eat alone. She insists that her request to her husband that they be given the use of empty rooms upstairs for an apartment was denied by Mrs. Block with the statement, “No, sir; she don’t deserve any home and she can go where she belongs.” She told the jury that her husband left money in his clothes for her and the mother-in-law took it and, upon the wife’s protest, said, “I will try to separate Myer and you.” Continuing her story, this plaintiff says that her husband’s mother repeatedly in her presence advised him to get rid of her, admonished him not to have intercourse with her, and advised that, if this continued for six months, a separation could be obtained. In short, this plaintiff’s testimony is, and there is some corroboration, that her mother-in-law, without just cause, developed an intense hatred for her, belittled her to others and particularly her husband, treated her harshly and, dominating the husband as she had before his marriage, advised and induced him to continue withholding his love from his wife, and finally to send her away and refuse to allow her to return.
The defendants insist that they at all times were kind and considerate to the plaintiff and continually endeavored to make her happy and contented. They assert that they tried to keep the young couple together and never in any way suggested or encouraged an unconsummated marriage or a separation of the spouses. They charge the plaintiff with a violent temper, a distaste for life on a farm, a disrespect for her mother-in-law, and a constant quarreling with her husband, but do not admit that on those grounds or any other they lost their affections for her or interfered with her relations with her husband. In pleading and proof, they deny the allegations of the plaintiff’s writ in toto, and contend that the plaintiff lost the society and affection of her husband solely through her own treatment of him, his distaste for and dissatisfaction with married life, and his voluntary abandonment of it.
' The law applicable to this case is well settled. Although a parent may not with hostile, wicked or malicious intent alienate the affec
Although counsel for the defendants, on the brief, argues the point, the defendants themselves nowhere in their pleading or proof attempt to set up any justification for an interference on their part in this plaintiff’s domestic relations. As already stated, they insist that they did not interfere. That was their testimony upon the stand, and upon it they rested their defense. Justifiable solicitude for and advice to the son and brother in the intended furtherance of his welfare and happiness is not the case they present.
The issue before this jury was clear. The story of the plaintiff,, if believed, disclosed a malicious alienation of the affections of her
The damages awarded, while liberal, are not manifestly excessive on the case made out by the plaintiff. As unworthy as this husband appears to have been, in actions unsexed or the puppet of family control, a man without a trade and without means or home of his own, still, if she desired his company, his affection such as it was, and such support and maintenance as he could give her, she had a right to it, and for its loss she is entitled to compensation. She was entitled to damages for the humiliation which she endured as a result of her abandonment. Punitive damages were not unwarranted. Allen v. Rossi, 128 Me., 201, 146 A., 692. All these elements of damage the jury undoubtedly weighed in the scales of their judgment and experience as they fixed the amount of the award. No sufficient reason appears for declaring their verdict manifestly wrong.
Motion overruled.
Reference
- Full Case Name
- Freida A. Block v. Shaina Block, Ethel Gordon and Sarah Block
- Status
- Published