Fries v. Wiser
Superior Court of Pennsylvania
Appeal, No. 101, Oct. T., 1915, bv defendant, from judgment of Municipal Court, Philadelphia Co., Dec. T., 1914, No. 431, for plaintiff op case tried by the court without a jury in suit of Catharine Pries v. Louis E. Wiser. Trespass to recover damages for personal injuries to Catharine Pries resulting from assault and battery. Before Knowles, J. Prom the record it appeared that the suit was begun by a capias issued upon a petition setting forth the facts.
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Appeal, No. 101, Oct. T., 1915, bv defendant, from judgment of Municipal Court, Philadelphia Co., Dec. T., 1914, No. 431, for plaintiff op case tried by the court without a jury in suit of Catharine Pries v. Louis E. Wiser. Trespass to recover damages for personal injuries to Catharine Pries resulting from assault and battery. Before Knowles, J. Prom the record it appeared that the suit was begun by a capias issued upon a petition setting forth the facts. After the defendant’s arrest, plaintiffs filed a formal statement in which each claimed damages in the sum of fifteen hundred dollars,…
1Opinion of the Court
Opinion by
Head, J„
We entertain no doubt the subject-matter of the litigation was within the jurisdiction of the Municipal Court. The plaintiffs were husband and wife. The gravamen of the complaint was an injury to the person of the wife alleged to have been wrongfully inflicted by the defendant. If that were true, a right of action accrued to her and as well a separate and distinct right to her husband. Before the passage of the Act of May 8,1895, P. L. 54, each could have maintained a separate action and recovered a separate verdict and judgment. Had two such actions been brought, the fact…
2Cases cited6 opinions
- McCullough v. Railway Mail Ass'nSupreme Court of Pennsylvania · 1909
- Commonwealth v. ParkerSuperior Court of Pennsylvania · 1915
- Donoghue v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
- Swecker v. ReynoldsSupreme Court of Pennsylvania · 1914
- Williamson v. McCormickSupreme Court of Pennsylvania · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Commonwealth of Pa. v. George H. NoldeSuperior Court of Pennsylvania · 1932
- Harrison v. HarrisonSuperior Court of Pennsylvania · 1957
- National Union Fire Ins. v. Chesapeake & O. Ry. Co.District Court, E.D. Kentucky · 1933
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