Aichlmayr v. Lynch

Green, J.

(concurring) — I concur in the result since it is consistent with the existing law of this state. However, I *436have difficulty justifying law that creates a cause of action for alienation of affections and criminal conversation but at the same time denies a successful plaintiff the fruits of that action. Either the plaintiff should be afforded a remedy whereby he may collect the fruits of his action or the causes of action should be abolished as has occurred in some states. W. Prosser, Torts § 124 (4th ed. 1971), Statutory Abolition of Actions at page 887 and cases cited therein. This is an area for legislative consideration.

Petition for rehearing denied March 13, 1972.

Review denied by Supreme Court April 24, 1972.