Legal Opinion

Donoghue v. Consolidated Traction Co.

Supreme Court of Pennsylvania

Decided January 6, 1902No. Appeal, No. 76PublishedCited by 20 opinions

Appeal, No. 76, Oct. T., 1901, by plaintiff, from order of C. P. No. 3, Allegheny Co., Feb. T., 1900, No. 414, refusing to take off nonsuit, in case of Robert Donoghue v. Consolidated Traction Company. Trespass to recover damages for injuries to a wife. Before McClung, J. At the trial it appeared that Katharine Donoghue, plaintiff’s wife, had previously brought her action for the personal injuries declared for in plaintiff’s statement, and recovered a verdict and judgment.

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Appeal, No. 76, Oct. T., 1901, by plaintiff, from order of C. P. No. 3, Allegheny Co., Feb. T., 1900, No. 414, refusing to take off nonsuit, in case of Robert Donoghue v. Consolidated Traction Company. Trespass to recover damages for injuries to a wife. Before McClung, J. At the trial it appeared that Katharine Donoghue, plaintiff’s wife, had previously brought her action for the personal injuries declared for in plaintiff’s statement, and recovered a verdict and judgment. Plaintiff did not join in the suit, nor was there any rule taken on him to join. These facts appearing, the court entered…

1Opinion of the Court

Opinion by

Mb.. Justice Mitchell,

The first question presented in this case is the construction of the Act of May 8,1895, P. L. 54.

The act provides: “ Sec. 1. Whenever injury, not resulting in death, shall be wrongfully inflicted upon the person of the wife, and a right of action for such wrongful injury accrues to the wife, and also to the husband, these two rights of action shall be redressed in only one suit brought in the names of the husband and the wife.

“ Sec. 2. Either the husband or the wife may waive his or her right of action, and his or her failure to join in the suit, within twenty…

2Cited by20 opinions

  1. Todd v. BerciniSupreme Court of Pennsylvania · 1952
  2. Neuberg v. BobowiczSupreme Court of Pennsylvania · 1960
  3. Hopkins v. BlancoSuperior Court of Pennsylvania · 1973
  4. Manzitti v. AmslerSupreme Court of Pennsylvania · 1988
  5. Loughrey v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1925

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