Smith v. United Construction Workers, District 50

SIMPSON, Justice.

Appellant filed a complaint in two counts seeking damages for loss of consortium of her husband who is alleged to have been injured as a result of an assault and battery committed upon him by appellees. From a judgment sustaining demurrers to both counts of the complaint, plaintiff took a nonsuit and brings this appeal.

This case presents but one question: May the wife of a man injured by the tortious act of a third person maintain an action in Alabama for loss of consortium of her husband against the tort-feasor?

Appellant admits at the outset that no cause of action for loss…