DuBois Borough v. Baker

Citations

• 120 Pa. 266
• 13 A. 783
• 1888 Pa. LEXIS 479

Syllabus

<p>1. When an action is brought under the act. of June 11, 1879, P. L. 126, in the name of the husband and wife, for the use of the wife, to recover f, damages for injuries done to the wife, a disclaimer by the husband filed at the time of the trial is too late, and the right to combine the causes of action does not arise.</p> <p>2. Hence, it matters not that evidence of damages to the husband was given without objection: the right to recover those damages in that action depended upon a compliance with the proviso of the statute.</p>