McDade v. West

The court is evenly divided on the question whether a wife has a cause of action for damages for the loss of consortium due to injuries suffered by her husband.

The views of Sutton, C. J., MacIntyre, P. J. and Worrill, J., to the effect that no such action will lie, are are follows: It has almost universally been held that a wife has no such cause of action m the absence of a statute giving the right. The cases denying the right base their reasoning mainly on the facts that no such remedy existed at common law; the married women’s acts grant no such remedy; the injury is a direct injury to the…