Legal Opinion
Nightlinger v. Johnson
Pennsylvania Court of Common Pleas, Philadelphia County
Decided April 7, 1932No. 735PublishedCited by 1 opinion
1Opinion of the Court
Finletter, P. J.,
Plaintiffs sue in assumpsit to recover damages for personal injuries to the wife, alleged to be the result of malpractice by defendant.
They plead a contract between the wife and the defendant doctor by which the latter undertook the medical care of the wife, and each plaintiff claims damages.
If the wife was the contracting party the husband is improperly joined as plaintiff.
More than two years had elapsed when the writ issued, and the important question is whether or not the action is barred by the Act of June 24,1895, P. L. 236, Sec. 2, which provides:
“Every suit hereafter…
2Cases cited7 opinions
- Webber v. Herkimer & Mohawk Street RailroadNew York Court of Appeals · 1888
- Birmingham v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1900
- Klingbeil v. SaucermanWisconsin Supreme Court · 1917
- Baltimore & O. R. v. ReedCourt of Appeals for the Sixth Circuit · 1915
- Griffin v. WoodheadSupreme Court of Rhode Island · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hatsumi Yoshizaki v. Hilo HospitalHawaii Supreme Court · 1967