Vogel v. Sylvester

Under the first count, the plaintiff sought damages from the named defendant and his mother for the alienation of the affections of the plaintiff's former wife. In a second count, against the named defendant only, damages were sought for seduction and criminal conversation. Alienation of affections flowing from the criminal conversation was alleged in the second count under the rule of cases such as Valentine v. Pollak, 95 Conn. 556, 561, 111 A. 869, and Maggay v. Nikitko, 117 Conn. 206, 211, 167 A. 816. A single verdict form was used, and a verdict was returned under the first count against both defendants in the amount of $42,500 and under the second count against the named defendant in the amount of $5000. Both defendants assign error in two rulings on evidence and in the denial of their motion to set aside the verdict ""because the damages are excessive."" We consider the latter assignment first. Apparently it refers to the verdict under each count, although that on the second count, as already noted, ran against the named defendant only. Since no assignment of error is addressed to the charge, we assume that it was adequate and legally correct. Lisa v. Yale University, 122 Conn. 646, 649, 191 A. 346; Harris v. Clinton, 142 Conn. 204, 209, 112 A.2d 885; Butler v. Steck, 146 Conn. 114, 116, 148 A.2d 246.