Pennsylvania Railroad v. Goodenough

The opinion of the court was delivered by

Reed, J.

This action was brought by a husband and his wife to recover for an injury to the wife, caused by a collision between the wagon in which they were driving and a train on the railroad of the plaintiffs in error. At the trial it was urged by the defence that the husband, who was driving, was negligent, and that his negligence contributed to the wife’s injury. The trial justice, however, charged that the negligence of the husband could not be imputed to the wife. This is assigned for error.

To ascertain how far the conduct of the husband affects…