Legal Opinion

Shanahan v. City of Madison

Wisconsin Supreme Court

Decided March 13, 1883PublishedCited by 13 opinions

APPEAL from the Circuit Court for Dane County. The case is thus stated by Mr. Justice Cassoday: “ This is an action by husband and wife to recover damages sustained from the breaking of an arm of the wife, May 30, 1881, by reason of an alleged defective sidewalk in Madison.

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APPEAL from the Circuit Court for Dane County. The case is thus stated by Mr. Justice Cassoday: “ This is an action by husband and wife to recover damages sustained from the breaking of an arm of the wife, May 30, 1881, by reason of an alleged defective sidewalk in Madison. The complaint sets out two separate causes of action — one for $2,000 damage to the wife, and another for $1,000 damage to the husband- — -and for which two causes of action the plaintiffs demand judgment for the two sums named, respectively, besides the costs of the action. The defendant demurred to the complaint on the…

1Opinion of the CourtOassoday, J.

It has long been the statute that where a married woman is a party her husband must be joined with her, except that when the action concerns her separate property or business, or alleged antenuptial debts, or is between herself and her husband, she may sue or be sued alone. Sec. 2608, E. S.; sec. 15, ch. 122, E. S. 1858.

In Barnes v. Martin, 15 Wis., 240, it was held that in an action by husband and wife for an assault and battery upon the wife, compensation for the loss of her time could not be included in the damages, and that a joint action would lie only for the personal injury to the…

2Cases cited17 opinions

  1. Barnes v. City of BeloitWisconsin Supreme Court · 1865
  2. Gibson v. GibsonWisconsin Supreme Court · 1877
  3. Palmer v. . DavisNew York Court of Appeals · 1863
  4. Barnes v. MartinWisconsin Supreme Court · 1862
  5. Pier v. Fond du Lac CountyWisconsin Supreme Court · 1881

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Wait v. PierceWisconsin Supreme Court · 1926
  2. Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
  3. Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
  4. Duffies v. DuffiesWisconsin Supreme Court · 1890
  5. State v. P. Lorillard Co.Wisconsin Supreme Court · 1923

8 more not listed; retrieve them via the Exa API.

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