332 Mass. 316 | Mass. | 1955
After being married for twenty-five years, the wife brought this libel for divorce on the ground of cruel and abusive treatment. G. L. (Ter. Ed.) c. 208, § 1. On October 11, 1952, the husband learned that the wife owed more than $100 for furniture. When she denied owing anything, the husband “was so provoked that he lost his head and slapped her” on the back. The judge found that the slap was not severe, left no mark, and did not put the wife in fear. He denied the wife a divorce, and she appealed.
The only question is whether the judge was required as matter of law to consider such a slap as proof of cruel and abusive treatment. In Lyster v. Lyster, 111 Mass. 327, 328-329, Gray, J., said that “Any acts or conduct which injured or endangered life, limb or health, or created reasonable apprehension of such injury or danger from a continuance of the cohabitation, would constitute cruel and abusive treatment within the meaning of the statute.” That statement was followed in Bonney v. Bonney, 175 Mass. 7, 8, and Krasnow v. Krasnow, 280 Mass. 252, 255.
Decree affirmed.