Pettengill v. City of Yonkers

Headnote

Husband and wipe—Bight op husband to becover por loss op service op wipe.

Where the right of a wife to recover for her injuries caused by the negligence of defendant had been decided by the court: Held, that the right of the husband to recover for loss of services of his wife and his expenses incident to such injuries followed that determination.

Appeal from a judgment in favor of the plaintiff entered upon a verdict rendered by a jury at the Westchester county circuit and from an order denying a new trial.

The facts proved were practically the same as those proved in the case of Francis Pettengill v. Same Defendant (see 4 N. Y. State Rep., 830). The plaintiff’s wife received serious injuries by having the carriage in which she was riding overturned by running against or upon an embankment upon which were pipes, lying in the road bed on Yonkers avenue, one of the streets in the city of Yonkers. At the time of the accident the horse that was drawing the carriage in which the plaintiff and his wife were riding, was traveling on a walk, and it was so dark that plaintiff could not see the horse’s head from the carriage. This obstruction had existed in said street about two months prior to the night in question, and at the time of the accident there was neither light upon nor railing nor guard about it.