Jordan v. Middlesex R. Co.
Decision Date | 10 January 1885 |
Citation | 138 Mass. 425 |
Parties | Emeline Jordan v. Middlesex Railroad Company |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Argued November 14, 1884.
Suffolk.
Tort for personal injuries. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows:
There was evidence tending to show that the plaintiff was a married woman, living with her husband; and that, besides doing ordinary housework, she took in sewing, the proceeds of which she applied to the support of the family of her husband.
The plaintiff's counsel contended that she had been earning about $ 200 per year in addition to her board; and that the jury should find a verdict of such an amount as, put at interest, would, allowing the term of life probable for the plaintiff to be sixteen years, equal $ 3000 or $ 4000.
The defendant contended that the plaintiff's future earnings would be the property of the husband; and asked the judge to give the following instructions to the jury:
The judge refused to give these instructions, but instructed the jury as follows:
The jury returned a verdict for the plaintiff, in the sum of $ 3651.83; and the defendant alleged exceptions.
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...fairly states the rule of law followed by the weight of authorities. City of Wyandotte v. Agan, 37 Kan. 528, 15 P. 529; Jordan v. Middlesex Ry. Co., 138 Mass. 425; Hamilton v. Great Falls Street Ry. Co., 17 Mont. 334, 42 P. 860, 43 P. 713; Texas & P. Ry. Co. v. Humble, 181 U.S. 57, 21 S. Ct......
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