Walker v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 442, Jan. T., 1899, by defendant, in suit of John W. Walker v. City of Philadelphia, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 262, on verdict for plaintiff. Trespass to recover damages for loss of wife’s services.
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Appeal, No. 442, Jan. T., 1899, by defendant, in suit of John W. Walker v. City of Philadelphia, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 262, on verdict for plaintiff. Trespass to recover damages for loss of wife’s services. Be-for McCarthy, J. At the trial plaintiff’s counsel made the following offer: Mr. Mackey: 1 offer in evidence the whole record of the case of John W. Walker and Mary Walker, his wife, in right of the said Mary Walker, against the city of Philadelphia, C. P. No. 3, June term, 1894, No. 76, to be followed by proof that John W. Walker, the present…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
1. The first question to be considered is the effect of the verdict and judgment previously obtained against the city by the plaintiff’s wife. The record was admitted and held conclusive as to the city’s negligence in the accident out of which tbe present action arises. This was error. There was no identity either of parties or of rights. The first action was by husband and wife for injuries to the wife. The husband was only a nominal party and since the act of 1887 need not have been joined even for formality. “ Parties in the larger legal sense are all persons…
2Cases cited2 opinions
- Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Fearn v. West Jersey Ferry Co.Supreme Court of Pennsylvania · 1891
3Cited by45 opinions
- Helmig v. Rockwell Manufacturing Co.Supreme Court of Pennsylvania · 1957
- Hack v. HackSupreme Court of Pennsylvania · 1981
- Philadelphia Auburn-Cord Co. v. ShockcorSuperior Court of Pennsylvania · 1938
- Lansburgh & Bro. v. ClarkCourt of Appeals for the D.C. Circuit · 1942
- Provident Tradesmens Bank And Trust Company v. Lumbermens Mutual Casualty CompanyCourt of Appeals for the Third Circuit · 1969
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