Rockwell v. Waverly, Sayre & Athens Electric Traction Co.

Citations

• 187 Pa. 568
• 41 A. 324
• 1898 Pa. LEXIS 1112

Syllabus

<p>Negligence — Husband and wife — Injury to wife — Act of May 8, 1895.</p> <p>The purpose of the Act of May 8, 1895, P. L. 51, entitled “ An act relative to actions by a husband and wife lor injury to the person unlawfully inflicted on her,” is to provide that the two rights of action, recognized as still existing in both husband and wife respectively, should be redressed in only one suit to which both husband and wife are made parties before the trial. Nevertheless said act recognizes a separate right of action in each, which either or both may assert, and if the court at the instance of the defendant refuses to consolidate the two actions, a verdict and judgment in favor of the wife in her own case will be sustained, and the wife cannot be prejudiced by the mistaken action of the court in denying the motion to consolidate.</p>