Gardner v. Dennison

Citations

• 106 Cal. 190
• 39 P. 526
• 1895 Cal. LEXIS 590

Syllabus

<p>Appeal—Review of Conflicting Evidence—Instruction—Burden of Proof—Preponderance of Evidence.—Where the evidence is conflicting, and that introduced by the plaintiff is sufficient, if believed, to support a verdict for the plaintiff, the appellate court will not disturb the verdict on the ground that the jury disobeyed an instruction that the burden was upon the plaintiff to prove his claim by a preponderance of evidence.</p> <p>Id.—Action for Wages—Evidence—Purchase of Lot from Defendant— Instruction as to Issues—Harmless Error.—In an action to recover wages, where there was a dispute as to the amount of wages, and it appeared in evidence that the plaintiff had agreed to purchase a lot from one of the defendants, and that one-half of his wages should be applied monthly in payment thereof, and the questions as to the lot arose incidentally in the effort to show that plaintiff was to be paid the amount of wages claimed by him, and the court correctly instructed the jury as to what the issues were that they were to consider and pass upon, the refusal of the court to instruct the jury, at the request of the defendant, that there was no issue as to the title to the lot, or as to what lot was selected by the plaintiff is not prejudical error.</p> <p>Id.—Inadmissible Evidence—Amount of Wages—Settlement of Partnership Accounts—Absence of Plaintiff.—Evidence of a settlement of the partnership accounts between the partners and as to the amount of the wages of plaintiff settled in the partnership accounts, the plaintiff not being a party to the settlement, is not admissible against the plaintiff, upon the issue as to the amount of his wages.</p>