224 Pa. Super. 345 | Pa. Super. Ct. | 1973
Opinion by
This is an appeal by defendant from the lower court’s refusal of her exceptions to the finding of the trial court which held her liable to plaintiff for damages in the amount of $20,000 in a criminal conversation trespass case.
However, though the trial did properly proceed non-jury, we must agree with defendant’s contention that the trial judge’s finding defendant guilty of criminal conversation is not supported by the evidence. The trial judge in his opinion states: “. . . the plaintiff has introduced sufficient evidence of circumstances from which illicit intercourse may be inferred. The circumstances from which this court based the inference of illicit intercourse are the plaintiff’s husband and the defendant sleeping in the basement of the cafe and the husband visiting and remaining in the defendant’s home from about 10 :Q0 o’clock A.M. to about 6:00 P.M. on various occasions and their trips together to the cabin owned by plaintiff and plaintiff’s husband.”
However, the trial judge’s inferences are not supported by the record because there is not one iota of proof of these circumstances upon which the trial judge predicated his inference of defendant’s misconduct. The only testimony offered was that of the plaintiff, and she did not testify that these circumstances had been witnessed by her. Not only does her testimony fail to indicate her personal knowledge of the circumstances she was testifying to, but in fact, lack of personal knowl
The judgment entered against defendant is therefore reversed, and judgment is hereby ordered to be entered in her favor.