Supreme Judicial Court of Maine, 1868

Hooper v. Haskell

Supreme Judicial Court of Maine · Decided July 1, 1868 · Appleton, Barrows, Danporth, Kent, Walton

56 Me. 251

Cases that cite this one

3 later published cases cite this decision.

Britton v. Dube (Me. 1958)
Fink v. Campbell (6th Cir. 1895)
Bennett v. . Bennett (N.Y. 1889)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Walton, J.

The plaintiff in his declaration avers that his wife was made sick, that he thereby lost her comfort and services and was put to great expense for medicine and medical aid, in consequence of the illegal acts of the defendants. For such injuries he was undoubtedly entitled to recover damages. But the action beimr in his name alone. *252he could not recover for her " mental anguish in being separated from her husband,” nor for her " feelings as a woman compelled to abandon a chosen residence and turn her back on associations formed in early life;” Damages for such injuries, if recoverable at all, can only be recovered in an action in which husband and wife join. On this point the instructions of the presiding Judge were erroneous. See opinion of the Court in Laughlin v. Eaton, 54 Maine, 156, and authorities there cited. • Exceptions sustained.

New trial granted.

Appleton, C. J., Kent, Barrows and Danporth, JJ., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.