Opinion
March 23, 1964.
April 21, 1964.
Divorce — Indignities — Evidence — Sufficiency — Injured and innocent spouse.
In this divorce case in which it appeared that the Superior Court had affirmed a decree of divorce, it was Held that the Superior Court had correctly determined that the weight of the credible evidence sustained the decree on the ground of indignities to the person and that certain pornographic pictures admitted in evidence were not sufficient to require the determination that the plaintiff was not an innocent and injured spouse.
Mr. Justice MUSMANNO dissented.
Argued March 23, 1964. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 108, March T., 1964, from order of Superior Court, April T., 1964, No. 18, affirming decree of Court of Common Pleas of Allegheny County, July T., 1955, No. 1654, in case of Salvatore E. DiTroia v. Stella I. DiTroia. Order affirmed.
Same case in Superior Court: 202 Pa. Super. 7.
Divorce.
Master's report filed recommending divorce on ground of indignities; exceptions dismissed and decree of divorce entered, opinion by SMART, J. Defendant appealed to Superior Court which affirmed decree, opinion by WATKINS, J.; WRIGHT, J., filed dissenting opinion, in which FLOOD, J., joined. Appeal to Supreme Court allowed.
James F. Clarke, with him James B. Ceris, for appellant.
Harold Gondelman, with him Maurice B. Wechsler, for appellee.
In this proceeding the master recommended the grant of a divorce. After overruling the exceptions to the master's report, the court of common pleas granted the decree and the Superior Court in 202 Pa. Super. 7, 193 A.2d 877 (1963) affirmed the judgment. We concur in the determination that the weight of the credible evidence sustains the decree on the ground of indignities to the person and that the pornographic pictures admitted in evidence by the master as part of defendant's case were not sufficient to require the determination that the plaintiff was not an innocent and injured spouse.
Order affirmed.
Mr. Justice MUSMANNO dissents.