Harkness v. Louisiana & N. W. R.
Supreme Court of Louisiana
Certiorari to Court of Appeal, First Circuit. Action by S. W. Harkness against the Louisiana & Northwestern Railroad Company. Judgment for plaintiff was affirmed by the Court of Appeal, and defendant applies for certiorari or writ of review.
1Opinion of the CourtBlanchard, J.
The writ was granted and the case is before us for review.
Mrs. Addie Harkness, wife of plaintiff, was injured while a passenger on defendant company’s railway. The husband, assuming the claim for damages against the company to be a community asset, sued for damages-in his own name, as head and master of the community:
Such claims have always, in the past, been considered as pertaining to the community of acqugts and gains — an asset accruing during the marriage, and, therefore, community in character under article 2402 of the Civil *824Code — and it has been the rule for the husband to sue in his…
2Cases cited3 opinions
- Holzab v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1886
- State ex rel. Neyland v. ReadSupreme Court of Louisiana · 1898
- H. Kendall Carter & Co. v. LewisSupreme Court of Louisiana · 1860
3Cited by9 opinions
- Rogers v. Yellowstone Park CompanyIdaho Supreme Court · 1975
- Succession of HowellSupreme Court of Louisiana · 1933
- Matney v. Blue Ribbon, Inc.Supreme Court of Louisiana · 1942
- Martin v. DerenbeckerSupreme Court of Louisiana · 1906
- Lassus v. ClarkeSupreme Court of Louisiana · 1914
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