Darby v. Moore

1. On the trial of a suit brought by a widow to recover damages for the homicide of her husband, under sections 4424-4425 of the Civil Code of 1910, it was not error to permit her to testify that he had been twice married and that at the time of the suit three minor children by the former marriage were living. The recovery, if any, in *759such case is for the benefit of the widow and minor children; and that being so, the testimony was not objectionable as irrelevant.

2. On the trial of such case, there being evidence tending to show that the plaintiff’s husband was the aggressor, evidence of…