Brazil v. Moran
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT OOURT OF SCOTT COUNTY. Points and Authorities of Appellant. I. — It was not error for the Court to refuse to charge the jury, “ That in no case under the evidence can the Plaintiff recover damages against Margaret Moran, because the evidence shows that she was in the presence of her husband, and, as a matter of law, is presumed to have acted under and in accordance with the direction and command of her husband.” 1. Because such an issue as coercion…
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APPEAL PROM THE DISTRICT OOURT OF SCOTT COUNTY. Points and Authorities of Appellant. I. — It was not error for the Court to refuse to charge the jury, “ That in no case under the evidence can the Plaintiff recover damages against Margaret Moran, because the evidence shows that she was in the presence of her husband, and, as a matter of law, is presumed to have acted under and in accordance with the direction and command of her husband.” 1. Because such an issue as coercion of the wife by the husband is not embraced in the pleadings. The answer confesses an assault and battery on the part of…
1Opinion of the Court
By the Court,
Emmett, C. J.
We do not see how the verdict, as against Margaret Moran, can be sustained in any aspect that we have been able to take of this case. She is a married woman, the wife of Lawrence Moran, another of the defendants; and it clearly appears from the allegations of the complaint, as well as from the evidence on the trial, that whatever part she took in the tort complained of, was in the eompany of her husband; and for which, prima facie at least, he alone is responsible. Kent seems to lay down the broad doctrine that the wife cannot be made liable at all under such…
2Cases cited1 opinion
- Wagener v. BillNew York Supreme Court · 1855
3Cited by6 opinions
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- Kosminsky v. GoldbergSupreme Court of Arkansas · 1884
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