
    Benjamin Barnes and Wife versus Isaac Hurd.
    In case by husband and wife against the defendant, for driving his horse and chaise against the plaintiff’s chaise, by which the wife was thrown out, &c., it was alleged that the husband had lost the labor and comfort of his wife, and had been put to great expense in her cure, &c.; after verdict for the plaintiff, judgment was arrested, because injuries were charged in an action for which husband and wife could not be joined.
    This was an action of the case founded upon the same wrong complained of in the last action. The first count alleges that the wife was thrown out of the chaise with great force and violence, upon and against the ground, and thereby greatly bruised, and her life greatly endangered; by reason of which the said Benjamin from that time the labor * and comfort of his [ * 60 ] said wife has lost, has been put to great expense in providing medicines and medical and surgical attendance; and has sustained and been charged with other great damages and costs, by reason of the said negligence and carelessness of the defendant. The second count alleged the injury to have arisen from the carelessness and negligence of the defendant’s servant, by means whereof the wife was greatly bruised, &c., and was thereafter for a long time sick and confined, and other injuries then and there suffered to the damage of the said Benjamin and Deborah, &c.
    
      
      Rockwood,
    
    besides the grounds on which he moved that the judgment in the former action should be arrested, suggested, further, that in this declaration sundry things are alleged as injuries which are to the damage of the husband only, as the loss of the labor and comfort of his wife, the expenses to himself for medicines, &c.; and damages having been given generally on both counts, no judgment could lawfully be rendered on the verdict. 
    
    
      Sullivan, for the plaintiffs,
    acknowledged the first count bad, unless it was cured by the verdict; and that it was, he cited the case of Russell Uoc. vs. Come. 
      
    
    
      
      
        Siderfin, 224. —Keb. 784, S. C.—2 Lord Raym. 1031.
    
    
      
       1 Salk. 119.
    
   Per Curiam.

The first count is clearly bad; and the verdict having been rendered on both counts, the jury may have given damages for those injuries, jn an action for which husband and wife cannot join.

Judgment arrested. 
      
      
         1 Chilly, 84,7th ed. — Benson v. Swift, 2 Mass. Rep. 50. — Stevenson vs. Hayden, 2 Mass. Rep. 406. — Barnard vs. Whiting & Al. 7 Mass. Rep. 358. — Nye vs. Otis, 8 Mass. Rep. 122. —Kingsley vs. Bill & Al. 9 Mass. Rep. 198.— Sullivan vs. Holker, 15 Mass. Rep. 374. — Blanchard vs. Fiske, 2 N. Hamp 398
     