88 Pa. Super. 519 | Pa. Super. Ct. | 1926
Argued May 3, 1926. The libel filed in this case charged the respondent with (1) endangering the wife's life by cruel and barbarous treatment, and (2) offering such indignities to her person as to render her condition intolerable and life burdensome.
The case was heard by a master, who found that both of the statutory grounds for divorce had been established and recommended a decree. The court below sustained exceptions filed by the respondent to the report of the master and dismissed the libel on the *521 ground that neither of the charges were sustained by the evidence. The libellant appeals.
It is apparent that the learned counsel for the appellant has misconceived the effect of the findings of fact by the master. He argues that they should never be disturbed or overruled by the court, except in the case of very grave and apparent error. It is well settled that the findings of a master in divorce are not entitled to the weight of the findings of a chancellor, an auditor or a jury, but that it is the duty of the court of common pleas and of this court to examine the evidence and form an independent judgment as to whether the charges in the libel have been sustained.
We have examined the evidence and agree with the court below. The evidence of cruel and barbarous treatment consisted of the testimony of the libellant that on one occasion the respondent threw a sugar bowl at her and threatened to shoot her. While a single act of cruelty may be so severe and with such attending circumstances of atrocity as to justify a divorce (Krug v. Krug,
The decree is affirmed at the cost of the libellant.