Shaddock v. Town of Clifton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Pierce County. Action by husband and wife for injuries to the person of the wife, alleged to have resulted from the negligence of the defendant.
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APPEAL from tbe Circuit Court for Pierce County. Action by husband and wife for injuries to the person of the wife, alleged to have resulted from the negligence of the defendant. The substance of the complaint is, that on, etc., one Anna McG-ray was driving on a certain highway in the defendant town, a span of horses attached to a double wagon loaded with wheat — all the property of Asa F. Shaddock, one of the plaintiffs — the other plaintiff, Phcebe Shaddock, being seated in the wagon; and that in consequence of the bad condition of the highway, by reason of the neglect of said town in…
1Opinion of the CourtDixoN, C. J.
Has the husband such an interest in the action that his admissions of facts tending to defeat it ought to be received'in evidence ? We think he has. The action is by husband and wife, to recover damages for injuries done to the person of the wife. Such damages, when recovered, are not the separate property of the wife, under the statute enlarging the rights of married women as to property. Rights of actions for torts of this nature are not included, but only such real and personal property as a married woman may receive by inheritance, or by gift, grant, devise, or bequest from any person…
2Cases cited3 opinions
- Dodge v. ManningNew York Court of Chancery · 1844
- Southworth v. PackardMassachusetts Supreme Judicial Court · 1810
- Taylor v. BateCourt of Appeals of Kentucky · 1836
3Cited by8 opinions
- Abbott v. AbbottSupreme Judicial Court of Maine · 1877
- Henneger v. LomasIndiana Supreme Court · 1896
- Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Wasey v. Travelers' InsuranceMichigan Supreme Court · 1901
- Kaime v. Trustees of the Village of OmroWisconsin Supreme Court · 1880
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