Nickel v. Hardware Mutual Casualty Co.

The question is: Has a wife a cause of action for the loss of consortium of her husband caused by the negligent act of a third person ?

Although it has been presented numerous times, this court has not been called upon to consider it. Almost without exception the courts which have had to deal with the question have answered in the negative. In Hitaffer v. Argonne Co. 87 U. S. App. D. C. 57, 183 Fed. (2d) 811, 23 A. L. R. (2d) 1366, a wife’s right to maintain such action was upheld. Prior to that decision only one jurisdiction had reached the same conclusion. Hipp v. E. I. Dupont de Nemours &…