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Dewar v. Ruehle

Decided: June 21, 1948.

ELIZABETH DEWAR AND GEORGE DEWAR, PLAINTIFFS-RESPONDENTS,
v.
ALFRED J. RUEHLE, DEFENDANT-APPELLANT



On appeal from the Union County Court of Common Pleas.

For the plaintiffs-respondents, John M. Mackenzie and Francis A. Gordon.

For the defendant-appellant, Harry Green and Samuel Green.

Before Case, Chief Justice, and Justice Burling.

Case

The opinion of the court was delivered by

CASE, CHIEF JUSTICE. Defendant appeals from a judgment against him in the Union County Court of Common Pleas. Plaintiffs are husband and wife and sued for separate recoveries in an action arising out of an automobile collision. The first cause of action is by the wife for personal injuries. The second, third and fourth causes of action are by the husband for, respectively, loss of consortium and disbursements in and about the wife's recovery, his own personal injuries, and damage to the automobile. The judge charged, without exception, that "if the plaintiff husband gets anything, it should be one lump sum of money which would compensate him for all his loss, if you find it was the defendant's negligence which caused it. If the wife is entitled to anything, she gets one lump sum of money for her damages." The jury verdict was:

"We find Mr. Ruehle guilty of negligence.

We grant Mr. Dewar $4,000.00

We grant Mrs. Dewar 1,000.00

Value of damaged car 300.00

--------

$5,300.00"

The court molded the verdict to ...


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