Supreme Court of the United States, 1880

Pollard v. Railroad Co.

Pollard v. Railroad Co.
Supreme Court of the United States · Decided January 12, 1880 · No. 140 · Waite
101 U.S. 223; 25 L. Ed. 840; 1879 U.S. LEXIS 1907 (United States Reports)

Counsel

Mr. Albert A. Abbott for the plaintiff in error., Mr. J. W. Scudder, contra.

Pollard v. Railroad Co.

Cases that cite this one

2 later published cases cite this decision.

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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

*225 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.