Duffee v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, by the husband of Bridget Duffee, for expenditures for her care and cure and loss of her services and consortium alleged to have been occasioned by the negligence of the defendant’s agents and servants in suddenly starting a car from which Bridget Duffee was alighting, causing her to be thrown to the ground and injured.
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Tort, by the husband of Bridget Duffee, for expenditures for her care and cure and loss of her services and consortium alleged to have been occasioned by the negligence of the defendant’s agents and servants in suddenly starting a car from which Bridget Duffee was alighting, causing her to be thrown to the ground and injured. Writ dated April 17, 1903. The answer was a general denial, but subsequently the defendant filed a petition to enter judgment for the defendant setting forth that Bridget Duffee, the plaintiff’s wife, by a writ dated August 10, 1899, brought an action of tort against the…
1Opinion of the CourtKnowlton, C. J.
In this Commonwealth,. except as to matters between husband and wife, “ a married woman may sue and be sued in the same manner as if she were sole.” R. L. c. 158, § 6. The result is that a married woman who is injured through the negligence of another may recover damages for her injury on her sole and separate account. At the same time, as her husband is bound to provide for her support, he may maintain an action in his own name to recover the expenses to which he is put for her care and cure, as well as for his loss of consortium. Kelley v. New York, New Haven, & Hartford Railroad, 168 Mass.…
2Cases cited3 opinions
- Inhabitants of Sturbridge v. FranklinMassachusetts Supreme Judicial Court · 1893
- Stamp v. . FranklinNew York Court of Appeals · 1895
- Kelley v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
3Cited by33 opinions
- Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
- Feltch v. General Rental Co.Massachusetts Supreme Judicial Court · 1981
- Thibeault v. PooleMassachusetts Supreme Judicial Court · 1933
- McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
- Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
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