Torts — Alienation of affections — Alienating husband's affections — Near relatives — Privilege — Scope — Brothers and sisters — Restatement, Torts.
1. One who, either without a privilege to do so or in excess of a privilege, purposely alienates one spouse's affections from the other, or for the purpose of disrupting the existing marriage relation, induces one spouse to separate from the other, is liable for the harm thereby caused to any of the injured spouse's legally protected marital interests. [40]
2. Although a near relative, such as a brother or sister, has a limited privilege which justifies giving advice and counsel in personal matters which may result in alienation of affections, there is no privilege to use threats and coercion aimed directly at alienation of affections or inducing a separation. [40]
3. Restatement, Torts, §§ 683, 684, 686 and 690, cited. [40]
4. The actor's conduct need not be the sole cause of the alienation of affections; it is sufficient if such conduct was the controlling cause, although other causes also contributed. [40]
OPINION PER CURIAM, January 4, 1954:
The judgment of the court below is affirmed on the opinion of Judge JOHN MORGAN DAVIS.