Larson v. Larson

• Decision Date: 22 June 1956
• Docket Number: No. 15132,15132
• Citation: 292 S.W.2d 685
• Parties: William James LARSON, Appellant, v. Leila L. LARSON, Appellee.
• Court: Texas Court of Appeals

Page 685

292 S.W.2d 685

William James LARSON, Appellant, v. Leila L. LARSON, Appellee.

No. 15132.

Court of Civil Appeals of Texas, Dallas.

June 22, 1956.

Henry D. Schlinger, Dallas, for appellant.

Caldwell, Baker & Jordan and Robert P. Woodruff, Dallas, for appellee.

YOUNG, Justice.

Initially the suit was by appellant husband for divorce on ground of three-year abandonment, for partial custody of minor child, and division of community property; with cross-action by defendant wife for similar relief, pleading cruel treatment and abandonment, likewise seeking custody of child and property division. Petition of Larson was voluntarily dismissed prior to trial, with hearing of cross-action to a jury and later decree of divorce, duly brought up for review.

Consistent with jury answers, the court found that William James Larson had been guilty of excesses and cruel treatment toward defendant Leila L. Larson such as to render insupportable further living together of the parties; that $160 per month was a reasonable sum to be paid by Larson for support of their minor child, Catherine Ann Larson, age 4 1/2 years at time of trial, payable semi-monthly in $80 installments until 18 years of age; granting custody to the mother with right of reasonable visitation by appellant, and making itemized division of community property, stocks, moneys, automobile, etc. Mrs. Larson was allowed the sum of $1,000 as reasonable expense of services performed by her attorney in said cause.

In primary points, appellant asserts the lack of evidence (or its insufficiency) as justifying a divorce; necessitating a detail of testimony deemed material: The parties were married in September 1948 at Manhattan Beach, California; plaintiff being an American Air Lines Pilot based at Los Angeles and with flights east. The little girl, Catherine Ann, was born in September 1950 with congenital disability to hip, requiring corrective casts and constant orthopedic treatment. The separation occurred in March 1951 with Larson's transfer to Dallas-Fort Worth by his employer wife and child remaining in California, in which connection Mrs. Larson testified:

'Now, during the period of time from September 18, 1948, until on or about March 28, 1951, was your marriage a success? * * * A. No. * * *

'Q. (By Mr. Shaw) Mrs. Larson, I believe you answered that your marriage was not happy while you were living with Mr. Larson. What caused the marriage to be unhappy? A. Well, right from the beginning we didn't get along. * * *

'Q. (By Mr. Shaw) You have stated that you were not happy while you were married to Mr. Larson. What caused this marriage to be unhappy? A. Well, right from the beginning we didn't get along. He was always nagging about something. I never did or said anything right. I didn't know anything. He was very moody and he didn't like to talk. He was moody when with his old friends in our home and we couldn't discuss anything because when I would give my reason-- * * *

'The Witness: We just never could get things straightened out because I spent most of my marriage in tears and unhappiness. * * *

'Q. And during this period of time did he leave town on occasion? A. Yes.

'Q. And when he would come back what would be the results of your previous arguments? A. Well, it was always the same. It was a relief when he would go out.

'Q. All right. Did Mr. Larson ever strike you? A. No, he never actually hit me. Sometimes I thought he was going to, but he didn't.

'Q. All right. Did he ever threaten to strike you? A. No, he grabbed me as if to, but he never hit me.

'Q. Did he ever shake you? A. Kind of when he grabbed me.

'Q. All right. As the result of this continual arguing, Mrs. Larson, how was your physical condition affected, if it was? A. I lost a lot of weight, over thirty pounds, and I was ill, developed into asthma. * * *

'Q. You say you developed an asthmatic condition? A. Yes, sir. * * *

'Q. Mrs. Larson, up until your marriage to Mr. Larson had you ever suffered any serious physical disability? A. No.

'Q. Were you under the care of a doctor in California? A. Yes.

'Q. And approximately how long were you under the doctor's care? A. I have been under several. At the time of our marriage and our separation I was under Dr. Starnes' care.'

Birth of the child, said Mrs. Larson, was a complicated event, she leaving the hospital so ill that dismissal was conditioned on a month's home care and personal attention; that her mother came to assist with the baby but left after two weeks because of inability to get along with Larson; he then offering to help, doing so for several days, then refusing further assistance saying '* * * that other women got right up after they had their babies and worked and he didn't see why I couldn't.' After the marriage there were times that they did not speak to each other; that when Larson suggested the removal to Texas she became concerned 'because I knew our marriage was on no basis that I knew our marriage living like that, that I just couldn't continue any more.' She told of Larson's regular airline flights to Los Angeles, visiting her and repeatedly asking that she come to Texas and live with him; and 'I told him that I wanted to straighten our marriage out before I came over and he said there was nothing to discuss, and I said that until he could talk to me, would he give me some money at least for the baby, a few dollars * * * Well, due to the way our marriage was and my health I couldn't go on any longer * * * and when I wanted to straighten it out he wouldn't give me any money to live on. He said 'Let your family support you,' which they did.'

According to Mrs. Larson, appellant provided her no money or means to come to Texas from 1951 to 1954 (when he sent a pass); nor furnished support for herself and daughter in California; that in 1952 he sent them $100 per month for nine months 'to obtain an income tax deduction'; in 1954 sending $1,000 to pay back bills and a $120 doctor bill; in 1951 and 1955 no assistance; the during these years he was earning from $550 to $738 per month but she had to turn to her family for support. Appellee testified to high medical outlays for the child, to operation for its tonsils...