Burrell Township v. Uncapher
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY. No. 104 October Term 1887, Sup. Ct.; court below, No. 115 September Term 1885, C. P. A summons in case for negligence was issued on July 2, 1885, in a suit by Albert Uncapher and Hannah Uncapher, his wife, in right of said wife, against the township of Burrell. The plea was not guilty.
Read the full summary
ERROR TO THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY. No. 104 October Term 1887, Sup. Ct.; court below, No. 115 September Term 1885, C. P. A summons in case for negligence was issued on July 2, 1885, in a suit by Albert Uncapher and Hannah Uncapher, his wife, in right of said wife, against the township of Burrell. The plea was not guilty. At the trial, on March 19, 1887, before James B. Neale, P. J., the following facts appeared: On Saturday evening, September 22, 1883, the owners thereof had left a steam thresher standing at the roadside at or near the foot of a hill down which the public…
1Opinion of the Court
*362Opinion,
Me. Justice Green :
The several assignments of error which relate to the admissibility of the plaintiff’s husband as a witness and of his declarations against her, may be considered together. The action was brought in the names of the husband and wife, but in right of the wife, and for the recovery of damages for an injury sustained by her. It was her action and she was the plaintiff. The husband was merely joined in his capacity as husband and to conform to the rides of pleading. In such circumstances when called to testify against his wife he cannot be regarded merely as a party to…
2Cited by47 opinions
- Whitner v. LojeskiSupreme Court of Pennsylvania · 1970
- Rader v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1962
- McCracken v. Curwensville BoroughSupreme Court of Pennsylvania · 1932
- Hillyard v. Utah By-Products Co.Utah Supreme Court · 1953
- Boggs v. Jewell Tea Co.Supreme Court of Pennsylvania · 1920
42 more not listed; retrieve them via the Exa API.