Legal Opinion

Wyatt v. Williams

Supreme Court of New Hampshire

Decided July 15, 1861PublishedCited by 3 opinions

This was case brought by Martha A. Wyatt, to recover damages for the loss of the services, &c., of her late husband, Vanness Wyatt, alleged to have been unlawfully killed by the defendant.

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This was case brought by Martha A. Wyatt, to recover damages for the loss of the services, &c., of her late husband, Vanness Wyatt, alleged to have been unlawfully killed by the defendant. The plaintiff’s declaration is as follows : » In a plea of the case, for that whereas, heretofore, to wit, on the 27th day of July, 1860, at said Warren, the plaintiff was and for a long time had been the lawful wife of one Vanness Wyatt, and as such was then and there lawfully and rightfully entitled to receive and enjoy out of the labors and earnings of said Vanness Wyatt, her maintenance and support,…

1Opinion of the CourtBellows, J.

This action is for damages sustained by the wife, by reason of the killing of the husband, which is alleged to have been done fraudulently, wickedly, and unjustly, by shooting with a pistol, on the 27th day of July, 1860, of which he died on the same day.

The facts charged being found by demurrer, the question is, will such an action lie in New-Hampshire ? At common law, for the killing of a human being, no civil action could be maintained against the person who caused it, either by the executor of the deceased, or by a person standing in the relation of husband, father, or master, to the…

2Cases cited5 opinions

  1. Connecticut Mutual Life Insurance v. New York & New Haven RailroadSupreme Court of Connecticut · 1856
  2. Ford v. MonroeNew York Supreme Court · 1838
  3. Green v. Hudson River Rail RoadNew York Supreme Court · 1858
  4. Worley v. Cincinnati, Hamilton, & Dayton RailroadOhio Superior Court, Cincinnati · 1855
  5. Benny v. RhodesSupreme Court of Missouri · 1853

3Cited by3 opinions

  1. Trovato v. DeveauSupreme Court of New Hampshire · 1999
  2. Clark v. ManchesterSupreme Court of New Hampshire · 1883
  3. Marcotte v. Timberlane/Hampstead School DistrictSupreme Court of New Hampshire · 1999

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