Majority
p. 670John Campbell et al., App’lts, v. William D. Perry, Resp’t. Supreme Court, General Term, Third Department, Filed February 24, 1890.)
Headnote
Hsanio-ENCE—Parties—Husband cannot be joined in action for wife’s injuries.In an action for personal injuries sustained by a wife through defendant’s negligence, the husband cannot be joined as a plaintiff.
Appeal from judgment sustaining demurrer and dismissing-the complaint, with costs.
The plaintiffs are husband and wife.. They bring this action for personal damages sustained by the wife through the negligence of defendant. The defendant demurred for misjoinder of plaintiffs. The court sustained the demurrer with leave to plaintiff Sarah Campbell to serve a new or amended complaint. She-refused to avail herself of this privilege and thereupon final judgment was given on the demurrer in favor of defendant for costs..
The plaintiffs appeal.
James Lansing, for app’lts; Henry A. King, for resp’t.
We need add nothing to the careful opinion of the court below, except to mention the recent case of Bennett v. Bennett, court of appeals, second div., 23 N. E., 17 ; 27 N. Y.. State Rep., 679, affirming 41 Hun, 640 . Two questions are discussed at length in that opinion. One is whether in an action for
p. 671
a personal injury to a wife the husband should join. The decision is that he should not.
We fully concur in the conclusion to which that court came ■and are glad that a question on which there has been some doubt, owing to careless legislation, has been set at rest in this satisfactory manner. It would be useless to go over the oft repeated account of common law rules and subsequent legislation
Judgment affirmed, with costs.
Landon, J., concurs.