Napier v. Martin

The plaintiff, Mrs. ITillery Napier, instituted suit for the loss of services and consortium of her husband as a result of an alleged accident suffered by him while he was in the employ of the defendants.

At the time of the accident, the husband was subject to the Workmen’s Compensation Act and defendants have been and still are paying plaintiff’s husband benefits under the Act. This suit sought damages at common law for the loss of services and consortium. The defendants demurred and this demurrer was sustained.

It is conceded that the question presented is one of first impression in this…