Roggermoser v. Niles

Superior Court of Rhode Island

Roggermoser v. Niles

9 R.I. Dec. 19

Superior Court of Rhode Island·Decided July 18, 1932·No. No. 84582·Published

Opinion

CAPOTOSTO, J.

Alienation of affection. Verdict for the defendant. Plaintiff moves for a new trial, claiming that the verdict is against the evidence.

The plaintiff succeeded in raising a mere doubt as to the propriety of conduct between the defendant and Mrs. Roggermoser if one were inclined to [20]*20be suspicious. The testimony does not warrant a verdict for the plaintiff. A mother of eight children, ranging in age from 20 to 6 years, should not be condemned upon conjecture, especially when the father is proven indolent, intemperate and inconsiderate. The jury’s verdict is just.

Plaintiff’s attorney: Howard K. Simmons. Defendant’s attorneys: Messrs. Gilmartin & Toole.

Motion for new trial denied.

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CAPOTOSTO, J.

Alienation of affection. Verdict for the defendant. Plaintiff moves for a new trial, claiming that the verdict is against the evidence.

The plaintiff succeeded in raising a mere doubt as to the propriety of conduct between the defendant and Mrs. Roggermoser if one were inclined to [20]*20be suspicious. The testimony does not warrant a verdict for the plaintiff. A mother of eight children, ranging in age from 20 to 6 years, should not be condemned upon conjecture, especially when the father is proven indolent, intemperate and inconsiderate. The jury’s verdict is just.

Plaintiff’s attorney: Howard K. Simmons. Defendant’s attorneys: Messrs. Gilmartin & Toole.

Motion for new trial denied.

Roggermoser v. Niles, 9 R.I. Dec. 19 (R.I. Ct. App. 1932).

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