Packet Co. v. Clough
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of Wisconsiu. In January, 1870,. Carlos Clough and .Sarah, his wife, in right of the wife, sued th,e Union Packet- Company.,-in an action on the case to recover'damages for personal, injuries sustained by the wife in consequence of -alleged' negligence of the company’s servants. The declaration was itythe reg-' ular common-law form: Plea: The-general issue.
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Error to the Circuit Court for the Eastern District of Wisconsiu. In January, 1870,. Carlos Clough and .Sarah, his wife, in right of the wife, sued th,e Union Packet- Company.,-in an action on the case to recover'damages for personal, injuries sustained by the wife in consequence of -alleged' negligence of the company’s servants. The declaration was itythe reg-' ular common-law form: Plea: The-general issue. The company, at the time of the injury, was owner' Whether this exception cpuld be sustained depended upon certain statutes of the Uiqited States and of Wisconsin.- ' Thus, an act of…
1Opinion of the CourtJustice Strong
In considering the first assignment of error—that is to say, the question whether on the trial the deposition of' Mrs. Clough was rightly admitted in support of her claim, it is tinnecessary to- inquire whose will bé 'the damages, if , any, which may be recovered—whether they will belong to the husbamd or to the-wife: The competency of the witness, or her incompetencj7, must b¿ determined bythe statutes of Wisconsin, where the case \yas tried. The act of Congress of July 6th, 1862, has enacted that “ the laws of the State in which the court shall be held shall be the rules of decision as to…
2Cited by75 opinions
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- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
- Attleboro Mfg. Co. v. Frankfort Marine, Accident & Plate Glass Ins.Court of Appeals for the First Circuit · 1917
- Buckstaff v. RussellSupreme Court of the United States · 1894
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