Snow v. Carpenter
Supreme Court of Vermont
Trespass founded on s. 8, No. 4, Acts of 1869. The declaration, after setting out the statute, alleged that plaintiff was the ■wife of Ira A. Snow, of &c., that on, &c., she, with her said husband, attended a fair, at, &e.; that she was then riding in a wagon drawn by a spirited horse, driven by her said husband, who wilfully drove said horse iu a careless and furious manner, thereby overturning said wagon and throwing plaintiff therefrom down a steep embankment, thereby…
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Trespass founded on s. 8, No. 4, Acts of 1869. The declaration, after setting out the statute, alleged that plaintiff was the ■wife of Ira A. Snow, of &c., that on, &c., she, with her said husband, attended a fair, at, &e.; that she was then riding in a wagon drawn by a spirited horse, driven by her said husband, who wilfully drove said horse iu a careless and furious manner, thereby overturning said wagon and throwing plaintiff therefrom down a steep embankment, thereby greatly injuring her, &c.; and that her said husband was then greatly intoxicated by liquor unlawfully furnished to him by…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This suit was entered at the April Term of Wind-ham County Court, 1875,' and was continued to the September Term, 1876, at which term the defendants’ motion to dismiss was filed. The motion was predicated upon the allegation in the declaration, that at the time of the commencement of the plaintiff’s action, she was the wife of one Ira A. Snow, who was not joined with her in bringing the suit. Under the common law, the husband and wife must join in suits to recover for injuries done to the wife or her property during coverture. And if the wife…
2Cases cited8 opinions
- Earl v. TupperSupreme Court of Vermont · 1873
- Hoadley v. WatsonSupreme Court of Vermont · 1873
- Boardman v. GoldsmithSupreme Court of Vermont · 1874
- Pollard v. WilderSupreme Court of Vermont · 1843
- Town of Montpelier v. AndrewsSupreme Court of Vermont · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Maybe, Kahn & Freiberg v. DukeTexas Supreme Court · 1889
- Carson v. SmithSupreme Court of Missouri · 1896
- Nicholson v. RogersSupreme Court of Missouri · 1895
- Robinson v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.