Legal Opinion

Hendrickson v. Pennsylvania Railroad

Supreme Court of New Jersey

Decided November 15, 1881Published

Suit for damages from negligence. This action was brought under the twenty-second section of the Practice act, by Hendrickson and wife, against the Pennsylvania Railroad Company, to recover damages for injuries received by both, alleged to have resulted from a collision between the carriage in which they were riding along a highway in Freehold and the locomotive of the defendants. The declaration contained two counts.

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Suit for damages from negligence. This action was brought under the twenty-second section of the Practice act, by Hendrickson and wife, against the Pennsylvania Railroad Company, to recover damages for injuries received by both, alleged to have resulted from a collision between the carriage in which they were riding along a highway in Freehold and the locomotive of the defendants. The declaration contained two counts. Thé first count set forth the injuries received and the pecuniary damage sustained by Mr. Hendrickson. The material part of the count, after describing the accident, proceeded…

1Opinion of the Court

The opinion of the court was delivered by

Beasley, Chief Justice.

The ground laid in the argument to sustain this demurrer was, that the plaintiffs claim damages, in part, for causes which in law give no right to damages. The action is by husband and wife, and the excess in their demand for compensation is said to consist in the claim they each make for the anxiety suffered in consequence of the bodily injuries' sustained by the other. It is not denied *467that a portion of the demand of damages, with respect to other matters, is well laid; but it is asserted that, in the particular mentioned, the…

2Cases cited3 opinions

  1. Martin v. WilliamsNew York Supreme Court · 1816
  2. Adams v. WilloughbyNew York Supreme Court · 1810
  3. Whitney v. CrosbyNew York Supreme Court · 1805

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