Lewis v. Babcock
New York Supreme Court
THIS was an action of trespass, and assault, &c. The declaration, after stating, that the defendant drove a sleigh, on the highway, with great force and violence against the sleigh in which the plaintiff, L., and his wife, were riding, and run one of the shafts of the defendant’s sleigh, into the plaintiff’s sleigh, and struck his wife, and broke her arm, &c., added “ whereby also, during all that time, he, the said H. L., was deprived of all the comfort, benefit and…
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THIS was an action of trespass, and assault, &c. The declaration, after stating, that the defendant drove a sleigh, on the highway, with great force and violence against the sleigh in which the plaintiff, L., and his wife, were riding, and run one of the shafts of the defendant’s sleigh, into the plaintiff’s sleigh, and struck his wife, and broke her arm, &c., added “ whereby also, during all that time, he, the said H. L., was deprived of all the comfort, benefit and assistance of the said N., his wife, in his domestic affairs, which he might, and otherwise would have had; and thereby, also,…
1Per curiam
There is no doubt, that upon demurrer, the objection would preváil-; but we incline to the opinion, that it is not good, in arrest of judgment.
Chitty says, (1 Chitty PI. 61.) “ if the action be brought for the personal 'suffering, or injury of the wife, the decla.ration ought to conclude to their damage, (husband and •wife,) and not to that of the husband alone, for the damages •will survive to the wife, if the husband die before they are recovered; and care must be taken not to include in' the declaration any statement of a cause of action, for which the husband alone ought to sue.’’ In…
2Cited by11 opinions
- Kelley v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Rogers v. SmithIndiana Supreme Court · 1861
- Barnes v. MartinWisconsin Supreme Court · 1862
- McKinney v. Western Stage Co.Supreme Court of Iowa · 1857
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