Atlanta Street Railroad v. Jacobs
Supreme Court of Georgia
Damages. Charge of court. Married women. Before Judge VAn Epps. City court of Atlanta. June term, 1891. Mrs. Jacobs sued for damages from personal injuries, alleging that she had a separate estate. The other material allegations of her declaration are quoted in the opinion. Before the trial defendant moved to dismiss the ease because plaintiff’s husband was not joined in the suit, it appearing from the declaration that' she was a married woman.
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Damages. Charge of court. Married women. Before Judge VAn Epps. City court of Atlanta. June term, 1891. Mrs. Jacobs sued for damages from personal injuries, alleging that she had a separate estate. The other material allegations of her declaration are quoted in the opinion. Before the trial defendant moved to dismiss the ease because plaintiff’s husband was not joined in the suit, it appearing from the declaration that' she was a married woman. This motion was overruled, and this ruling is one of the errors assigned. The jury found for plaintiff $3,000. Defendant’s motion for new trial was…
1Opinion of the Court
Bleckley, Chief Justice.
1. The contention of the learned counsel for the railroad company is, that it was error to submit the impairment of the power of a married woman to labor as a distinct element of damage, and allow her to recover for it. He insists that this damage was not sued for, and that in another part of the charge of the court the entire subject of pain was dealt with ; hence the jury were allowed to give for impairment of her power to labor what they pleased, even though it were greatly more than her husband would be entitled to recover were he the plaintiff in the action. It is…
2Cases cited1 opinion
- Powell v. Augusta & Summerville RailroadSupreme Court of Georgia · 1887
3Cited by36 opinions
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Chase v. FitzgeraldSupreme Court of Connecticut · 1946
- Wrightsville & Tennille Railroad v. VaughanCourt of Appeals of Georgia · 1911
- Hunt v. WilliamsCourt of Appeals of Georgia · 1961
- Atlantic Coast Line R. Co. v. OuztsCourt of Appeals of Georgia · 1950
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