Legal Opinion

Helsel v. Traction Co.

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeals, Nos. 145 and 146PublishedCited by 5 opinions

Appeals, Nos. 145 and 146, April T., 1900, by defendant, in suit of Martha Helsel and Samuel B. Helsel, against the Consolidated Traction Company, from judgment of C. P. No. 3, Allegheny Co., May T., 1898, No. 158, on verdicts for plaintiffs. Opinion by Rice, P. J. Trespass. It appears from the record that this was an action to recover damages for personal injuries not resulting in death to the wife.

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Appeals, Nos. 145 and 146, April T., 1900, by defendant, in suit of Martha Helsel and Samuel B. Helsel, against the Consolidated Traction Company, from judgment of C. P. No. 3, Allegheny Co., May T., 1898, No. 158, on verdicts for plaintiffs. Opinion by Rice, P. J. Trespass. It appears from the record that this was an action to recover damages for personal injuries not resulting in death to the wife. The court charged the jury in part as follows: . [The husband is entitled to his wife’s earnings, and is entitled to recover any loss he may have sustained by reason of her not being able to earn…

1Opinion of the Court

Opinion by

Rice, P. J.,

The Act of May 8, 1895, P. L. 54, provides that whenever *422injury, not resulting in death, shall be wrongfully inflicted upon the person of the wife, and a right of action for such wrongful injury accrues to the wife, and also to the husband, these two rights shall be redressed in only one suit brought in the name of the husband and wife. The proper procedure under this act results in a separate verdict and judgrhent in favor of each plaintiff, if both recover. The manifest advantages of the procedure are, that it saves expense, and, more important, prevents the…

2Cases cited4 opinions

  1. Nuding v. UrichSupreme Court of Pennsylvania · 1895
  2. Lewis's EstateSupreme Court of Pennsylvania · 1893
  3. Machen v. Railway Co.Superior Court of Pennsylvania · 1900
  4. Frost v. KnappSuperior Court of Pennsylvania · 1899

3Cited by5 opinions

  1. VIRGINIA CHANCE v. Lawry's, Inc.California Supreme Court · 1962
  2. Guinn Ex Rel. Guinn v. Millard Truck Lines, Inc.Supreme Court of Iowa · 1965
  3. Guinn Ex Rel. Guinn v. Millard Truck Lines, Inc.Supreme Court of Iowa · 1965
  4. Nunamaker v. New Alexandria Bus Co.Supreme Court of Pennsylvania · 1952
  5. VIRGINIA CHANCE v. Lawry's, Inc.California Supreme Court · 1962

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