Pollard v. Railroad Co.

101 U.S. 223, 25 L. Ed. 840, 1879 U.S. LEXIS 1907

• Court: Supreme Court of the United States
• Decided: January 12, 1880
• Docket: 140
• Status: Published

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

A judgment in an action of assumpsit, brought by a husband and wife, on a contract by a carrier of passengers to carry the wife safely, for injuries to the wife while being carried, is a bar to another action of assumpsit on the same contract, by the husband alone, to recover for the same injuries. A different rule

prevails when the action is in tort against the carrier for a breach of his public duty, except, perhaps, in States like New Jersey, where by statute the husband may, in such an action, add claims in his own right to those of his wife. Rev. Laws N. J. 851, sect. 22.

Judgment affirmed.