120 Pa. 266 | Pa. | 1888
Opinion,
This was an action brought by a married woman and her husband, in right of the wife, to recover damages for a personal injury to the wife. In order that the damages which might be recovered by the husband should be recovered in this action, along with those which belonged peculiarly to the wife, the husband on the day of the trial filed a disclaimer of all his damages, under the first section of the act of 11th June, 1879, P. L. 126. When the application to file the disclaimer was made to the court, the defendant objected on the ground that the act requires the disclaimer to be filed at the time of bringing the suit, but the court overruled the objection and granted the defendant an exception.
The first section of the act is in the following words:—
That in all actions hereafter to be brought in any of the courts of this commonwealth, in the name of the husband and wife, for the use of the wife, to recover damages for injuries done to the wife, evidence may be given to show the value of the wife’s services and the expense arising in consequence of such injuries and recovery may be had therefor: provided, however, that at the time of bringing any such action the husband shall file a stipulation in writing disclaiming all right on his part to recover damages for such injuries by an action in his own name: and provided further, that any damages so recovered shall be for the use of the wife.
Prior to the act of 1879, the wife could only recover the damages which were personal to herself, and the husband had a
Judgment reversed, and new venire awarded.