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Hennies v. Vogel

William Hennies v. Michael Vogel et ux.

Hennies v. Vogel, 66 Ill. 401 (1872)
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Court
Illinois Supreme Court · State Highest Courts
Decided
September 15, 1872
Citations
66 Ill. 401
Syllabus
1. Husband and wipe&emdash;wife must sue alone for personal injmy to Tier. A right of action accruing by reason of personal injuries received by a married woman is her separate property, and'to recover damages for such injury, she must sue alone. For any loss to the husband by reason of his wife’s disabilities so occasioned, he has his separate remedy.
Summary
Appeal from the Circuit Court of Livingston county; the Hon. Chables H. Wood, Judge, presiding. This was an action of trespass, brought by Michael Vogel and Mary Vogel, his wife, against the appellants, for an assault and battery, and other personal injury, alleged to have been committed upon the person of Mary Vogel, which resulted in a verdict and judgment in favor of appellees for $1112.50.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam : This action was brought by husband and wife for personal injuries to the wife.

This court held in C. B. and Q. R. R. Co. v. Dunn, 52 Ill. 260 , that a right of action arising by reason of personal injuries received by a married woman was her separate property, and to recover damages for such injuries she must sue alone. This doctrine was repeated in Hayner et al. v. Smith et al. 63 Ill. 430 .

For any loss to the husband by reason of his wife’s disabilities so occasioned, he has his separate remedy.

The record shows the husband had no cause of action.

The judgment of the court below is reversed.

Jicdgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1873–1874: 11879–1880: 11889–1890: 21893–1894: 11905–1906: 118732026peak 1889 · 2

Relies on it most ⓘ

  1. Blair v. Bloomington & Normal Railway, Electric & Heating Co.130 Ill. App. 400 (1906)
  2. Chicago, Burlington & Quincy Railroad v. Dickson67 Ill. 122 (1873)
  3. Harris v. Brain33 Ill. App. 510 (1889)
  4. Hilliard v. Beattie59 N.H. 462 (1879)
  5. City of Rock Island v. Deis38 Ill. App. 409 (1890)
  6. Knights Templar Masons' Life Indemnity Co. v. Gravett49 Ill. App. 252 (1893)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Chicago, Burlington & Quincy R.R. v. Dunn, 52 Ill. 260 (1869) 58
Hayner v. Smith, 63 Ill. 430 (1872) 41

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