Rose v. Kavanagh

(1946) 15 Nfld. L.R. 428 (1946)

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Rose v. Kavanagh

Newfoundland Supreme Court
(1946) 15 Nfld. L.R. 428 (1946)

SH

Facts

Plaintiff and his wife were married for over 30 years and had 14 children. Defendant was their neighbor for many years. He was friendly with plaintiff’s wife, but he did not get along well with plaintiff. Between 1943 and 1945, plaintiff and defendant had multiple quarrels and altercations, some of which resulted in defendant being trespassed and arrested. In 1945, while plaintiff was away for work for a few months, defendant visited frequently. Before plaintiff returned from his work trip, plaintiff’s wife moved out, went to live with her sister, obtained a job, and did not return. After she left, their adult daughter took over caring for the younger children and the household. Evidence was given at trial that defendant encouraged plaintiff’s wife to leave, gave her money, suggested that she get a job, and offered to pay her board if she was unable to get a job. Plaintiff claimed damages against defendant on the grounds that defendant induced plaintiff’s wife to leave and harbored her. Defendant claims that plaintiff was abusive to his wife, that she was unhappy at home, and that there were several previous times that she had left for short periods, but she was persuaded to return each time.

Rule of Law

Issue

Holding and Reasoning (Dunfield, J.)

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