LaClair v. LaClair

128 Pa. Super. 469
Procedural entryThis page is a short order in LaClair v. LaClair. Read the opinion of the Court — 128 Pa. Super. 469
Superior Court of Pennsylvania·Decided September 29, 1937·No. Appeal, No. 159·Published

Opinion

Opinion by

Cunningham, J.,

In this divorce action the master recommended and the court below granted a decree in favor of the husband on the ground that his wife “did offer such indignities to the person of libellant as to render his condition intolerable and his life burdensome.” Respondent appeals.

“Indignities” as a ground for divorce in this state have often been defined by our appellate courts and there is little dispute as to the principles of law applicable in such a proceeding. Each case must depend upon its own facts. As this court stated in Mathias v. Mathias, 114 Pa. Superior Ct. 444, 446, 174 A. 821: “It is, of course, impossible to lay down any general rule as to what constitutes such indignities to the person as to render the condition of the injured spouse intolerable and life burdensome; such matters necessarily depend upon all the circumstances of the particular case and the position in life, character and disposition, of the parties: Richards v. Richards, 37 Pa. 225; Aikens v. Aikens, 57 Pa. Superior Ct. 424; Sharp v. Sharp, 106 Pa. Superior Ct. 33, 161 A. 453. It is well settled, however, that it is not with isolated occurrences that the law concerns itself in determining whether a divorce should be granted upon this ground, but only with indignities, [471]*471so repeated and continuous as to constitute a course of conduct which, renders the complaining party’s condition intolerable and life itself a burden: Esenwein v. Esenwein, supra, [312 Pa. 77, 167 A. 350] Dailey v. Dailey, 105 Pa. Superior Ct. 461, 161 A. 475; Sharp v. Sharp, supra. Such indignities, we have frequently said, ‘may consist of vulgarity, unmerited reproach, habitual contumely, studied neglect, intentional incivility, manifest disdain, abusive language, malignant ridicule, and every other plain manifestation of settled hate and estrangement; but slight or irregular acts of misconduct are not sufficient’: Breene v. Breene, 76 Pa. Superior Ct. 568; Koontz v. Koontz, 97 Pa. Superior Ct. 70; Sharp v. Sharp, supra.”

The burden of proof is upon libellant. He must establish his case by clear and satisfactory evidence and the weight of the evidence must be in his favor: Sleight v. Sleight, 119 Pa. Superior Ct. 300, 181 A. 69; Rinoldo v. Rinoldo, 125 Pa. Superior Ct. 323, 325, 189 A. 566.

The parties were married in February of 1928, libellant being at that time twenty-nine years of age and respondent twenty-two. Two children were'born, a boy and a girl, seven and five years old respectively at the time of the hearing in 1935.

During their married life libellant held various positions at different places with the result that they did not have an established home at any one place for any considerable period of time. At the time of their marriage, libellant was manager of the Bell Telephone office at Clearfield, Pa., where they resided at the home of respondent’s grandmother.

In June of 1928 libellant was promoted to manager of the company’s office at Beading at a salary of $3,600 per year. Respondent did not come to Reading to live with libellant until March of 1929. About the beginning of 1930 he resigned his position with the telephone company and entered the life insurance business. It [472]*472proved unprofitable after one successful year. By reason of their financial difficulties they broke up housekeeping in Reading and respondent returned to her grandmother’s home in May, 1931, libellant remaining alone in Reading with his insurance business.

In October of 1931 libellant obtained a position with the Aetna Insurance Company at Harrisburg at a salary of $200 per month. His wife and family remained in Clearfield with the grandmother. The Aetna Company closed its office in Harrisburg in November of 1932, and libellant, after doing some work around Philadelphia, returned to Uniontown where he lived with his parents. Respondent remained at Clearfield.

Libellant was without employment until October, 1933, Avhen he secured an executive position with the National Reemployment Service, a federal project, at Uniontown. Respondent and the children remained at Clearfield until June of 1934. Libellant was then transferred to the Service headquarters at NorristOAvn and the parties resumed their family life and established a home at Ardmore. They lived at Ardmore from June until October, 1934, when libellant left their home and his position at NorristOAvn and returned to the home of his parents in UniontOAvn. When the libel was filed in August, 1935, respondent was living with her parents in Ardmore.

Libellant’s testimony regarding the alleged indignities suffered at the hands of his wife may be thus illustrated and summarized: He stated respondent ahvays sliOAved a dislike for his associates in the telephone business, refused to entertain them at their home, was suspicious of his relations with his secretaries both at Clearfield and at Reading, and, as a result of her attitude, he finally resigned his position with the telephone company. According to libellant, respondent was particularly jealous of a Miss Henry, employed in the Clear-field office and a Miss Naffsinger in the Reading office. [473]*473On one occasion, libellant received a check for Miss Henry by special delivery at their home, it being customary for telephone employees to receive their checks through their superior. This irritated respondent who thereupon berated libellant for the remainder of the night. At another time, during a party at a hotel in Clearfield, libellant and respondent both accepted the invitation of a fellow employee of libellant to go upstairs and have a drink during an intermission; respondent, however, on learning that the invitation was to come to Miss Henry’s room, refused to go and created “considerable unpleasantness.” While respondent was confined in the hospital at Reading, libellant’s employees sent her flowers; she read the card, threw it on the floor and ordered the flowers taken out of the room.

One icy night libellant was unable to get back from an auto trip to Harrisburg until nine o’clock the next morning. He testified, “And on my arrival I got no reception or sympathy for the nasty experience I had had and the dangerous experience, and I was accused of being out all night with some woman.”

Although libellant was elated over his promotion to manager of the Reading office, he stated that when he informed respondent of this promotion she said she would not go to Reading and he would have to resign.

Respondent in her testimony admitted she was jealous of Miss Henry for a short time but said, “I realized that I had been wrong, and it was just forgotten.” She denied she ever accused libellant of infidelity, but stated she did disapprove of his entertaining his young lady employees at their home in Reading because she did not think it good discipline or proper for a man in libellant’s position. Respondent said she would not go to Miss Henry’s room at the hotel on the occasion referred to because she overheard one of the telephone employees in the room call libellant “Bill”, which she [474]*474thought undignified. She stated she accepted the flowers sent her while in the hospital and wrote a note of thanks to the employees who sent them.

Free access — add to your briefcase to read the full text and ask questions with AI

LaClair v. LaClair, 128 Pa. Super. 469 (Pa. Ct. App. 1937).

128 Pa. Super. 469 (LaClair v. LaClair) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Esenwein v. Esenwein
167 A. 350 (Supreme Court of Pennsylvania, 1933)
Rufus L. Sharp v. E. Sharp
161 A. 453 (Superior Court of Pennsylvania, 1932)
Dailey v. Dailey
161 A. 475 (Superior Court of Pennsylvania, 1932)
Putt v. Putt
180 A. 92 (Superior Court of Pennsylvania, 1935)
Koontz v. Koontz
97 Pa. Super. 70 (Superior Court of Pennsylvania, 1929)
Mathias v. Mathias
174 A. 821 (Superior Court of Pennsylvania, 1934)
Rose v. Rose
188 A. 595 (Superior Court of Pennsylvania, 1936)
Wagner v. Wagner
171 A. 419 (Superior Court of Pennsylvania, 1933)
Sleight v. Sleight
181 A. 69 (Superior Court of Pennsylvania, 1935)
Rommel v. Rommel
87 Pa. Super. 511 (Superior Court of Pennsylvania, 1925)
Rinoldo v. Rinoldo
189 A. 566 (Superior Court of Pennsylvania, 1936)
Richards v. Richards
37 Pa. 225 (Supreme Court of Pennsylvania, 1860)
Aikens v. Aikens
57 Pa. Super. 424 (Superior Court of Pennsylvania, 1914)
Breene v. Breene
76 Pa. Super. 568 (Superior Court of Pennsylvania, 1921)