Leckstein v. Morris

Citations

• 80 Pa. Super. 352
• 1922 Pa. Super. LEXIS 74

Syllabus

<p>Negligence — Personal injuries — Suit by husband and wife — Separate verdicts — Appeals—Act of May 8, 1895, P. L. 5Jj.</p> <p>Under the provisions of the Act of May 8, 1895, P. L. 54, where a personal injury not resulting in death was wrongfully inflicted on a married woman the rights of action accruing to her and her husband respectively by reason thereof shall be redressed in only one action brought in the names of both. The act further provides that separate verdicts shall be rendered in such action in favor of the wife and husband respectively, and separate judgments shall be entered thereon with the right to separate executions. It follows that separate appeals must be taken from the judgments so entered.</p> <p>Where the plaintiff, a married woman, sustained injuries in a moving picture theatre by falling on a broken step while descending a stairway, which was improperly lighted, the case was for the jury and a verdict for the plaintiffs will be sustained, where the evidence established that the defect had existed for six days prior to the accident and sufficient time had elapsed for the defendant to have constructive ^notice of such conditions.</p> <p>In such action, separate judgments should be entered for the husband and wife and, where this has not been done, the record will be remitted to the court below with instructions to enter separate judgments for the plaintiffs in accordance with the verdict, and as directed by the act of assembly.</p>