Ballard v. Russell
Supreme Judicial Court of Maine
On Report, from Nisi Prius, Wells, J. presiding. Case for an injury to the female plaintiff, by mal-practice of the defendant, in attempting to reduce a fracture of the forearm and dislocation of the wrist. The husband prior to the injury had deserted the wife, and for eight years had made no provision for her support. He resided in the same town, and in co-habitation with another woman.
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On Report, from Nisi Prius, Wells, J. presiding. Case for an injury to the female plaintiff, by mal-practice of the defendant, in attempting to reduce a fracture of the forearm and dislocation of the wrist. The husband prior to the injury had deserted the wife, and for eight years had made no provision for her support. He resided in the same town, and in co-habitation with another woman. The defendant introduced an unsealed discharge, signed by the husband, and given prior to the suit, stating that he had received of the defendant, fifty dollars, in full for the injury. The counsel for the…
1Opinion of the Court
Wells, J., orally. —
It is suggested that the discharge by the husband to the defendant was obtained through fraud. The Court cannot yield to that suggestion. If the plaintiffs would have availed themselves of it, the question should have been submitted to the jury.
By the common law, both husband and wife must join to *197maintain an action like the present. This case does not come within any exception to the principles stated. The husband has not abjured the realm; and the facts stated in the report of the case, do not deprive him of the power to control the action nor to discharge the cause of…
2Cited by5 opinions
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- Pennsylvania Railroad v. GoodenoughSupreme Court of New Jersey · 1893
- Hyman v. DillonSupreme Court of Florida · 1920
- Pennsylvania Railroad v. GoodenoughSupreme Court of New Jersey · 1893