Goddard v. Hart

Illinois Supreme Court

Goddard v. Hart

10 Ill. 95

DecidedDecember 15, 1848

StatusPublished

This text of 10 Ill. 95 (Goddard v. Hart) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goddard v. Hart, 10 Ill. 95 (Ill. 1848).

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Opinion

The Opinion of the Court was delivered by

Treat, C. J.

This was a joint action against husband and wife for an assault. On the trial, the Court admitted evidence of an assault by the husband, in the commission of which the wife did not in any manner participate; and also refused to instruct the jury, that the plaintiffs could not recover damages for the separate assault by the husband. These decisions were clearly erroneous. The recovery in this case could not be pleaded in bar of an action against the husband for the separate assault.

The judgment of the Circuit Court is reversed with costs; and the cause is remanded for further proceedings.

Judgment reversed.

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The Opinion of the Court was delivered by

Treat, C. J.

This was a joint action against husband and wife for an assault. On the trial, the Court admitted evidence of an assault by the husband, in the commission of which the wife did not in any manner participate; and also refused to instruct the jury, that the plaintiffs could not recover damages for the separate assault by the husband. These decisions were clearly erroneous. The recovery in this case could not be pleaded in bar of an action against the husband for the separate assault.

The judgment of the Circuit Court is reversed with costs; and the cause is remanded for further proceedings.

Judgment reversed.

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Bluebook (online)

10 Ill. 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goddard-v-hart-ill-1848.