Louth v. Thompson
Superior Court of Delaware
"Action" on the case (No. 250 to Feb. T., 1896,) for injuries alleged to have been inflicted upon the plaintiff, Mrs. Ella Eouth, by reason of falling through an open cellarway, on Delaware Street, in the City of New Castle, the defendant being the tenant of the premises. The other facts sufficiently appear in the charge of the Court.
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"Action" on the case (No. 250 to Feb. T., 1896,) for injuries alleged to have been inflicted upon the plaintiff, Mrs. Ella Eouth, by reason of falling through an open cellarway, on Delaware Street, in the City of New Castle, the defendant being the tenant of the premises. The other facts sufficiently appear in the charge of the Court. At the trial, Mr. Rodney having proved certain facts as to the accident and its effects upon her and the treatment which she received from her physician at home, and his recommendation that she go to a hospital; asked Mrs. Eouth what the charges were to her at…
1Opinion of the Court
The Court,
after holding the matter up until the afternoon session, sustained the objection.
Lore, C. J:—
This question, to my knowledge has previously been before the Court and decided since I have been on the bench. Unquestionably this is an action at common law for injuries. The rule upon the point is very well laid down in 1 Chitty, *73:
“When an injury is committed to the person of the wife during coverture, by battery, slander, &c., the wife cannot sue alone in any case; and the husband and wife must join if the action be brought for the personal suffering or injury to the wife, and in such…
2Cases cited15 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Congreve v. . SmithNew York Court of Appeals · 1858
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Parkhill v. Town of BrightonSupreme Court of Iowa · 1883
- Bruker v. Town of CovingtonIndiana Supreme Court · 1879
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3Cited by5 opinions
- Massey v. WorthSuperior Court of Delaware · 1938
- Wolf v. KeagySuperior Court of Delaware · 1927
- Hamilton v. Standard Kid Manufacturing Co.Superior Court of Delaware · 1929
- Hyland v. SouthwellSuperior Court of Delaware · 1974
- Labonte v. DavidsonIdaho Supreme Court · 1918