176 A.2d 594 | Conn. Super. Ct. | 1961
Upon the evidence adduced at the trial, there is no doubt whatsoever that plaintiff is entitled to recover for the alienation of her husband's affections by defendant. Under the circumstances involved here, the motives of defendant, even assuming that she had no intention of luring plaintiff's husband away from the home, are of little importance, for, as our Supreme Court has stated in Maggay v. Nikitko,
The only real question here is as to the amount of damages plaintiff is entitled to recover. Her married life with her husband at the time the acts of defendant complained of occurred was not of the happiest, and apparently much of their mutual affection had disappeared to the extent that they were living apart. Such evidence goes to mitigation of damages rather than to barring recovery. As stated in Amellin v. Leone,
Taking into account evidence as to the factual and emotional situation existing between plaintiff and her husband prior to the full-scale entry of defendant into the picture, the issues are found for the plaintiff to recover from the defendant damages in the amount of $1500, plus her taxable costs.