Andrews v. Runyon

Citations

• 65 Cal. 629
• 4 P. 669
• 1884 Cal. LEXIS 658

Syllabus

<p>Husband and Wife —Suit by Harmed Woman—Deseetion—Parties.—Where a wife deserts her husband, but before the expiration of the statutory period ' required to make the desertion a cause of divorce offers, by letter, and in good faith, to return and resume the performance of her marital duties, and he informs her that he will not receive her, such refusal amounts to desertion on his part, and she may sue alone to recover damages for personal injuries.</p> <p>Contbibutoby Negligence—Instbuctions—Remarks of the Judge. —The action was brought to recover damages for personal injuries caused by the alleged negligence of the defendants, and contributory negligence on the part of the plaintiff was set up as a defense. After submitting to the jury the question of contributory negligence, the judge remarked to the jury that he did not see how ■ the acts alleged to constitute contributory negligence were unreasonable, or something which an ordinary man would not do. Eeld, error.</p> <p>Id.—Illegal Act of Employee—Llabillty of Employer. — One who employs another to repair a levee in the vicinity of a highway is not responsible for the consequences of an illegal act of the latter in removing earth from the highway, . to be used in making the repairs, unless such removal entered into and formed a part of the contract of employment.</p> <p>Instructions—Refusal to Give on Account of Length.—It is error for the court to refuse instructions on account of their number and length.</p>