Standen v. Pennsylvania Railroad

Citations

• 214 Pa. 189
• 63 A. 467
• 1906 Pa. LEXIS 624

Syllabus

<p>Negligence — Trial—Evidence—Request for instructions — Disinterested witnesses — Interested witnesses.</p> <p>Where, in an accident case, one disinterested witness confirms the plaintiff’s account of the accident, and one disinterested witness called for the defendant, contradicts it, the defendant’s counsel may, if he deems it important that the court should explain to the jury the relative value and weight of the testimony of interested and disinterested witnesses, direct the attention of the court to the matter by presenting a point, or call attention to it orally at the conclusion of the charge. If he fails to do so he cannot subsequently complain of the lack of instructions on this point.</p> <p>Negligence — Damages—Wife’s services — Husband and wife.</p> <p>In a joint action by a husband and wife to recover damages for injuries to the wife sustained by reason of the alleged negligence of the defendant, the husband is entitled to show as an element of his damages the value of his wife’s services in the assistance which she gave to him in his business as a florist.</p> <p>The legislation in force in Pennsylvania vests in a married woman all earnings acquired by her in carrying on any separate or independent business, or in performing any labor or services on her sole and separate account; but it does not affect or change the common-law rule which vests in the husband the earnings of the wife acquired in her capacity as wife for services rendered about her household duties, or when assisting her husband in his business. In the absence of an agreement to the contrary, such earnings continue to belong to' the husband, and neither his.wife nor her creditors can assert a right to them by an action at law, dr otherwise.</p>