Barnes v. Hurd
Massachusetts Supreme Judicial Court
This was an action of the case founded upon the same wrong complained of in the last action. The first count alleges that the wife was thrown out of the chaise with great force and violence, upon and against the ground, and thereby greatly bruised, and her life greatly endangered; by reason of which the said Benjamin from that time the labor * and comfort of his [ * 60 ] said wife has lost, has been put to great expense in providing medicines and medical and surgical…
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This was an action of the case founded upon the same wrong complained of in the last action. The first count alleges that the wife was thrown out of the chaise with great force and violence, upon and against the ground, and thereby greatly bruised, and her life greatly endangered; by reason of which the said Benjamin from that time the labor * and comfort of his [ * 60 ] said wife has lost, has been put to great expense in providing medicines and medical and surgical attendance; and has sustained and been charged with other great damages and costs, by reason of the said negligence and…
1Per curiam
The first count is clearly bad; (a) and the verdict having been rendered on both counts, the jury may have given damages for those injuries, jn an action for which husband and wife cannot join.
Judgment arrested.
1 Chilly, 84,7th ed. — Benson v. Swift, 2 Mass. Rep. 50. — Stevenson vs. Hayden, 2 Mass. Rep. 406. — Barnard vs. Whiting & Al. 7 Mass. Rep. 358. — Nye vs. Otis, 8 Mass. Rep. 122. —Kingsley vs. Bill & Al. 9 Mass. Rep. 198.— Sullivan vs. Holker, 15 Mass. Rep. 374. — Blanchard vs. Fiske, 2 N. Hamp 398
2Cases cited5 opinions
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
- Nye v. OtisMassachusetts Supreme Judicial Court · 1811
- Sullivan v. HolkerMassachusetts Supreme Judicial Court · 1819
- Benson v. SwiftMassachusetts Supreme Judicial Court · 1806
- Stevenson v. HaydenMassachusetts Supreme Judicial Court · 1807
3Cited by13 opinions
- Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
- Hey v. PrimeMassachusetts Supreme Judicial Court · 1908
- Kelley v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Barron v. FrinkCalifornia Supreme Court · 1866
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