Tell v. Gibson

Citations

• 66 Cal. 247
• 5 P. 223
• 1884 Cal. LEXIS 748

Syllabus

<p>Pleading—Action fob. Personal Injuries—Husband and Wife.—An action for personal injuries to the wife must be brought in the name of the husband and wife ; but an action for consequential injury to the husband, such as the loss of his wife’s services, and expenses incurred by reason of her injuries, must be brought in the name of the husband alone; and a complaint by the husband and wife, in which such causes of action are joined, is demurrable.</p> <p>Id.—Overruling a demurrer in such a case will warrant a reversal, notwithstanding the plaintifis abandoned at the trial all claim for such damages as the husband should have sued for alone, if evidence of such damages were given to the jury.</p>