Henley v. Wilson

It was admitted on the trial that the husband was not present at the time of the assault, and had no knowledge of the occurrence until some time afterwards. An instruction was asked by appellant to the effect “that the husband is not responsible for the wrongful acts of the wife committed out of his presence and without his knowledge or consent.” This was refused, and a verdict for plaintiff was returned and judgment went against both defendants, from which the husband appeals. Whether this proposed instruction should have been given is the only question involved.

While there is a conflict in…