Labonte v. Davidson
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, of Ada County. Hon. Carl A. Davis, Judge. Action for damages. Judgment for plaintiffs. The husband was entitled | to maintain a separate action to recover for medical attendance, loss of service and of the society of his wife. (Ohio & M. By. Co. v. Cosby, 107 Ind. 32, 7 N. E. 373; Indiana Union Tract. Co. v. McKinney, 39 Ind. App. 86, 78 N. E- 203; Efroymson v. Smith, 29 Ind.
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APPEAL from the District Court of the Third Judicial District, of Ada County. Hon. Carl A. Davis, Judge. Action for damages. Judgment for plaintiffs. The husband was entitled | to maintain a separate action to recover for medical attendance, loss of service and of the society of his wife. (Ohio & M. By. Co. v. Cosby, 107 Ind. 32, 7 N. E. 373; Indiana Union Tract. Co. v. McKinney, 39 Ind. App. 86, 78 N. E- 203; Efroymson v. Smith, 29 Ind. App. 451, 63 N. E. 328; Birmingham etc. By. Co. v. Lintner, 141 Ala. 420, 109 Am. St. 40, 3 Ann. Cas. 461, 38 So. 363; Denver Consol. Tramway Co. v. Biley,…
1Dissent
BUDGE, C. J.,
Dissenting. — This action was brought by respondents primarily to recover damages for personal injuries sustained by the wife of the respondent, Louis Labonte, and in the same count to recover for moneys expended for medical attendance, nursing and hospital fees.
There is a misjoinder of causes of action and a misjoinder of parties plaintiff under the former holdings of this court (Giffen v. City of Lewiston, 6 Ida. 231, 55 Pac. 545; Lindsay v. Oregon Short Line R. Co., 18 Ida. 477, 90 Pac. 984, 12 L. R. A., N. S., 184), and the demurrer to the complaint upon these grounds should…
2Cases cited6 opinions
- Giffen v. City of LewistonIdaho Supreme Court · 1898
- McFadden v. Santa Ana, Orange, & Tustin Street RailwayCalifornia Supreme Court · 1891
- McKune v. Santa Clara Valley Mill & Lumber Co.California Supreme Court · 1895
- Tell v. GibsonCalifornia Supreme Court · 1884
- Lindsay v. Oregon Short Line RailroadIdaho Supreme Court · 1907
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