Harrington v. Jagmetty

Since the passage of the Married Women’s acts, a husband is not 'liable for the torts of his wife, growing out of the conduct by her of her own business, or arising from the management by her of her separate property.

On error to the Atlantic County Circuit Court. Two suits were instituted in the Circuit Court of Atlantic county against Joshua Jagmetty and Susan A. Jagmetty, his wife, one by Anna Harrington to recover for personal injuries received by her in an elevator accident at the hotel known as Elmont Hall, wherein she was a guest, and the other by Harry W. Harrington, her husband, for .loss occasioned to him thereby. The two suits were tried together. The trial judge directed a verdict in favor of the defendant Joshua Jagmetty, and the jury disagreed as to the liability of the defendant Susan A. Jagmetty. The only assignment of error rests upon the exception taken to the action of the court in directing the jury to render a verdict in favor of the defendant Joshua Jagmetty. Mrs. Harrington, the female plaintiff, for the purpose of reaching her room on the top floor of the hotel, took the elevator. When the top floor had been reached, the car was brought to a full stop, and the operator opened the door and stepped out. The plaintiff attempted to leave the car also, and had placed one foot on the landing floor, when the elevator started downward, and when the cage had descended about half its height below the floor, the operator called to her to step hack and then pushed her hack into the car and then he stopped the movement of the car. Mrs. Harrington, meanwhile, had fallen and fractured her leg in two places at the ankle, and sustained other injuries. The declaration alleges that the two defendants conducted and carried on the business of hotel proprietors, and as such maintained and used the elevator for transporting the guests of the hotel, and were negligent in failing to provide a safe appliance for keeping the elevator at rest when stopped by the operator. The plaintiffs offered a lease for the hotel premises for five months, to both defendants, the demise, covering the date of the accident.