Harmon v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while a passenger on the defendant’s railroad, by the alleged negligence of the defendant.
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Tort, for personal injuries occasioned to the plaintiff, while a passenger on the defendant’s railroad, by the alleged negligence of the defendant. The declaration alleged that the plaintiff “.has been wholly unable to attend to her business, which said business was that of keeping a restaurant, and was carried on under a license therefor solely by said plaintiff, who was then and there solely entitled to the profits of said business, and to her labor and services in connection therewith, or in any capacity connected with the business of keeping a restaurant, separate and unconnected with her…
1Opinion of the CourtAllen, J.
The general question arising in this case is, whether, in an action brought by a married woman to recover damages for a personal injury, the impairment of her capacity to perform labor can be considered as an element of the damages.
By St. 1846, c. 209, § 1, it was enacted that, “ In all cases where married women shall hereafter, by their own labor, earn i wages, payment may be made to them for the same.”
This was followed by St. 1855, c. 304, § 7: “ Any married woman may carry on any trade or business, and perform any *103labor or services, on her sole and separate account; and the earnings of any…
2Cases cited9 opinions
- Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882
- Brigham v. WeaverMassachusetts Supreme Judicial Court · 1850
- Butler v. IvesMassachusetts Supreme Judicial Court · 1885
- Binney v. Globe National BankMassachusetts Supreme Judicial Court · 1890
- Jordan v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Texas & Pacific Railway Co. v. HumbleSupreme Court of the United States · 1901
- Pearl v. Wm. Filene's Sons Co.Massachusetts Supreme Judicial Court · 1945
- Opinion of Justices to the Senate & House of RepresentativesMassachusetts Supreme Judicial Court · 1939
- Warth v. County Court of Jackson CountyWest Virginia Supreme Court · 1912
26 more not listed; retrieve them via the Exa API.