Hopkins v. Atlantic & Saint Lawrence Railroad
Supreme Court of New Hampshire
Case. Tbe declaration contained two counts, in both of which it was alleged that the defendants were carriers of passengers through sundry towns in the county of Coos.
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Case. Tbe declaration contained two counts, in both of which it was alleged that the defendants were carriers of passengers through sundry towns in the county of Coos. In the first count the plaintiff alleged that on the first day of December, 1854, he took passage in the defendant’s train of passenger cars, to be carried for the usual fare from Northumberland to Milan, and that the defendants, by their servants, so negligently, carelessly and unskillfully managed that train and a train of their freight cars, that the freight train run into and upon the passenger train, and by reason of the…
1Opinion of the CourtPeuley, C. J.
The objection to joining the two counts in the *13same action would properly be taken by demurrer, or motion to arrest tbe judgment, and not on trial. However taken, it must be overruled. The claim in each count is for an injury to the husband alone. The wife has no legal interest in the suit. 1 Chitty’s PL 46, 61; 2 Chitty’s PI. 375, (note.)
The court was moved to instruct the jury that -nothing could be recovered for loss of the wife’s services and society, or for expenses incurred on account of her injury, after the commencement of the suit. No objection was taken on the ground of variance in…
2Cases cited6 opinions
- The Amiable NancySupreme Court of the United States · 1818
- White v. FiskSupreme Court of Connecticut · 1852
- Hawkins v. Dutchess & Orange Steam-Boat Co.New York Supreme Court · 1829
- Stiles v. TilfordNew York Supreme Court · 1833
- Lowry v. WalkerSupreme Court of Vermont · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schuttler v. ReinhardtNew Jersey Superior Court Appellate Division · 1952