The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-01
Complete Decision Of Supreme Court in the Rndaub Divorce

mended and approved by the best med
zeal advisers with whom defendant
! consulted.
g. That long prior to the plaintiffs
marriage the defendant informed her
that he was afflicted with said malady.
and that 1t was incurable; that plant
iff knew prior to her marriage with
the defendant that he suffered there
from.
CA. That the defendant has never
become habituated to the use of NOR
phine, and has not used the same to
excess, and has not used the same for
any other purpose than for its thera-
peutic and remedial effect In connec-
ton with said malady.
Is. That he has not been disqualified
from properly attending to his husl-
ness, by the use OF morphine; that he
has not used the same so as to reason
ably infiict upon the plaintiff great
mental anguish. and has not thereby
inflicted upon her, great mental an
guish.
c.. That the defendant is a physician
and a specialist in the treatment OF
diseases of the eye, ear, nose and
throat, and has at all times since his
marriage been required to perform, and
has performed. the most delicate surg
ical operations; that during all of said
time and up to the commencement of
this action, the defendant was accus-
toned to perform such operations al
all times except when Frustrated by
acute uraemic attacks attending his
malady.
NINeaA ERFva L.
the medical profession as a. standard
remedial and palliative agent for acute
uraemic attacks such as the defendant
suffers: that in using morphine there
for the defendant followed the advice
Of standard medical authorities, in
Guiding the best medical authority in
the city of Fargo, in which he resided,
and that it was and is an effective
palliative remedy. for the attacks suf-
fered by the defendant.
Is. That during all the times in
question the defendant only took OF
had administered TO him such an
amount of morphine as was necessary
and proper as remedy; that the size
of the doses have not been increased;
that the same effect in produced nows
as was produced by the same dose
years ago; that the defendant has at
no time made a secret of the use of
morphine for the purposes aforesaid:
that the same was known to the men,
bers of the household. including the
plaintiff, TO his brother and sister with
whom he was associated in the prac-
tice of medicine, and TO the physicians
of Fargo a number of whom advised
this treatment, and a large number of
times personally attended him and ad-
ministered IT,
Defendants Standing.
Plaintiffs contention upon this issue
is wholly irreconceivable with what
most be conceded as an established and
indisputable fact that defendant, dur
ing all the time of his Capitalization
with plaintiff, has, In marked degree,
maintained his pre-eminent standing
as a specialist in his line, performing
daily the most difficult operations en-
trusted to his care and skill We are
convinced that one, under the evidence
can successfully contend that defend
ants use of morphine iflcapaciatedf or
disqualified him "a great portion of
the time from properly attending to
business" In the face of this stub
born fact which stands out so prom
inently. 1T is difficult to believe that
defendants use of morphine reasonably
inflicted "a course Of great mental an
guish upon the plaintiff within the
meaning of our statute referred to.
In the light of the facts as disclosed
by this record we are impelled to the
belief that plaintiff has been too dill
gent In discovering the short -eomings
of her invalid husband and altogether
too inactive in overlooking his frailties
A different course would have been
more in keeping with her duty to her
husband, her children and the public.
She has only herself to blame for the
consequences.
Our conclusions upon the whole case
are:
1. That the Judgment appealed from.
in so far as 1t grants to plaintiff a
divorce, be reversed, and that a judg-
ment be entered in defendants favor
dissolving the marriage relation upon
the grounds alleged in his last counter
claim.
O. That such judgment be modified
so as to provide: That the custody
of the children, Bruce and John shall
awarded to defendant, subject to the
following conditions: That defendant
shall not remove such children from
this jurisdiction without permission Of
the court first obtained, and that
plaintiff shall be permitted during each
afternoon between the hours of three
and six o'clock to visit said children at
defendants residence, when they are
not at school, and that during the
months of June, July and August.
plaintiff may have the custody thereof
subject to defendants right to visit
them al least once each week for the
period of one hour, and, in addition
thereto, to take them to his horne each
Sunday afternoon between the hours
of three and six o'clock; plaintiff. dur
ing the other months, to have the like
privilege of taking said children TO her
home in Fargo each Saturday after
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