— This is' a suit by appellee against appellants for damages for the alienation of the affections of her former husband, Cyrus A. Briles, Jr. The complaint was in two paragraphs, which were answered by general denial. A trial by jury resulted in a verdict for appellee in the sum of $4,500. Appellants moved for a new trial and the court ordered that the motion be overruled, on condition that appellee enter a remittitur of $800. On the same day appellee filed a remittitur in the amount stated. Thereupon the court overruled the motion for a new trial, to which appellants separately and severally excepted, and were given ninety days in which to file their bills of exceptions. The assignment relied on for reversal is that the court erred in overruling the separate and several motions of appellants for a new trial.
Appellee and Cyrus A. Briles, Jr., were married on March 4, 1911, and lived together as husband and wife until January 16, 1913. They were divorced on February 3, 1913, and this suit was begun on March 10, 1913. Appellants Cyrus A. Briles, Sr., and Catherine Briles are the father and mother of Cyrus A. Briles, Jr., and appellants Charles and Bernard Briles are his brothers.
The complaint alleges in substance that appellee at all times demeaned herself toward her husband as a true, loving and faithful wife; that she and her husband lived happily and contentedly together until interfered with by appellants; that they have one child born as the fruits of their marriage; that appellants were opposed to their marriage and soon thereafter began to criticize and abuse appellee in the presence of her husband, and unlawfully, purposely and maliciously sought to injure appellee by depriv
Appellants asked a new trial on the ground that the verdict of the jury is not sustained by sufficient evidence and is contrary to law; that the damages are excessive; error in giving instruction No. 4; also alleged errors relating to the evidence upon the trial and newly-discovered evidence.
Appellants contend that the verdict is not sustained by sufficient evidence; that the uneontradicted evidence shows that appellee’s own conduct caused the alienation of her husband’s affections and their separation.
We have carefully read and considered the evidence and find that it so clearly sustains the verdict that we do not feel warranted in setting it out in detail. There is some conflict of evidence, but no failure of proof as to any material and issuable fact. There are many facts and circumstances which tend to support appellee’s contention and to warrant the jury in inferring the ultimate facts.' But in addition to this there is direct and positive testimony which tends to prove the malicious purpose on the part of appellants to alienate the affections of appellee’s husband and cause their separation.
The contention of appellants that' the undisputed evidence conclusively shows that the alienation of the affections of appellee’s husband was due to her own fault and misconduct’ is completely overthrown by the • evidence. Conceding appellants’ version of much- of . the testimony, it only shows a controversy over many disputed points, and that appellants’ counsel have inferred from the evidence ultimate facts directly opposed to those found by the jury.
Appellants also contend that the presumption of
The question assumes that there had been trouble and calls for the conclusion of the witness instead of calling for what was said and done on the occasion inquired about. Assuming, without deciding, that the subject-matter of the question was proper, the court did not commit reversible error in refusing to allow the question, to be answered as put to the witness. The witness was permitted to testify fully as to his version of the trouble between him and his wife, and the answer to the question in any event
Finally it is argued that a new trial should have been granted on account of excessive damages.
. While the evidence was conflicting, there is ample evidence, if believed by the jury, to show a malignant hatred of appellee by appellants, and a deliberate and malicious attempt to alienate the affections of her husband and cause him to cast her off as his wife.
The case seems to have been fairly tried and appellants have pointed out no errors or irregularities which deprived them of any substantial right.
Judgment affirmed.
Note. — Reported in 112 N. E. 449. Husband and wife: liability of parent for separation of, 9 L. R. A. (N. S.) 322, 46 L. R. A. (N. S.) 467, 8 Ann. Cas. 813, Ann Cas. 1917E 1017; wife’s right to sue for alienation of husband's affections, 28 Am. St. 217, 46 Am. St. 472; excessiveness of damages for alienation of affections or criminal conversation, 42 L. R. A. (N. S.) 582, Ann. Cas. 1912A 950. See under (4, 5) 21 Cyc 1619, 1620; (11) 21 Cyc 1621, 1622.