City of Wheeling v. Trowbridge
West Virginia Supreme Court
This was an action of trespass on the case, brought to September rules, 1870, in the circuit court of Ohio county. Verdict and judgment for the plaintiffs for one thousand five hundred dollars, June term, 1871. The first count in the declaration averred tliat by reason of defects in the pavement and sidewalk of the defendant, the female plaintiff was injured by a fall, &c., whereof the husband was deprived of the society, assistance, &c., of the wife, and was obliged to…
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This was an action of trespass on the case, brought to September rules, 1870, in the circuit court of Ohio county. Verdict and judgment for the plaintiffs for one thousand five hundred dollars, June term, 1871. The first count in the declaration averred tliat by reason of defects in the pavement and sidewalk of the defendant, the female plaintiff was injured by a fall, &c., whereof the husband was deprived of the society, assistance, &c., of the wife, and was obliged to expend large sums of money in her recovery, The second count contained the same avermen-ts as the first, except it did not…
1Opinion of the CourtMoore, J.
It seems, from the weight of authority, to be the established principle, where the action is by husband and wife for a wrong to the wife, there can be no recovery for what is special damage to the husband; and as stated in 1 Chitty’s Pleading, side page 34. “ Care should be taken that the declaration does not embrace a cause of action which affords the husband only a right to sue. Therefore where husband and wife declared for a debt due for a cure effected by the wife during their marriage, and the declaration also contained a charge for medicines supplied,” upon general demurrer it was…
2Cited by4 opinions
- Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
- Dimmey v. Wheeling & E. G. RailroadWest Virginia Supreme Court · 1885
- Normile v. Wheeling Traction Co.West Virginia Supreme Court · 1905
- Radcliff v. PoundstoneWest Virginia Supreme Court · 1884