177 Pa. Super. 334 | Pa. Super. Ct. | 1955
Opinion by
The lower court, in this divorce case brought on a charge of indignities, sustained the defendant’s exceptions to the master’s report and dismissed the complaint. Because of a serious doubt as to proof of the charge which persists after consideration of the whole record, we are unable to say that the plaintiff has made out a case by that clear and satisfactory evidence necessary to a decree in divorce. Cf. Philo v. Philo, 154 Pa. Superior Ct. 563, 36 A. 2d 833. The order will be affirmed.
The parties were married on May 6, 1950. It was a fourth marriage for the plaintiff and a second for.
The plaintiff complained of alleged abuse beginning about one month after the marriage, consisting in accusations of marital infidelity. She also said that on 5 or 6 occasions during their married life, beginning 3 or 4 months after the marriage, when drunk he would grab her by the throat and spit in her face. The advanced age of the plaintiff in itself casts doubt on her testimony that her morals were actually impugned. And she stated that he never called her names in the presence of others. Her attitude toward her husband while they lived together and even after the separation indicates rather convincingly that the other acts complained of, did not evidence such hate and estrangement (Coon v. Coon, 173 Pa. Superior Ct. 60, 95 A. 2d 344) and a course of conduct on the part of the defendant as in contemplation of law will justify a decree of divorce on the ground of indignities. More than one year after the marriage (the date is not definitely stated) the plaintiff voluntarily paid off a mortgage of $1,200 against a property owned by her husband. She said she intended it as a gift to him, although she did accept monthly rentals from the property for one year thereafter ¿mounting In all to about $500. After the separation plaintiff on her own- ad
Both parties are foreign born and although they have been in this country for more than 40 years they are illiterate. There are many contradictions and inconsistencies in the plaintiff’s testimony which impugn her veracity and which cannot be attributed to the fact that she could testify only through an interpreter. Counsel on both sides understood Italian and it may be assumed that any errors of the interpreter in translation would have been corrected by them for the record. She attributed her failing health to his treatment of her but failed to consider her advancing years as a factor. Although she complained of his treatment of her she was still fond of him and was providing him with food at the time of the hearing. At the hearing before the master, referring to the weekly payments which he continued to make, she said: “If he does give me more [than the rent for his rooms], I make purchase for him, and cook for him. Otherwise how would he eat?”
Order affirmed.