Stout v. K. C. Terminal Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) Plaintiffs amended petition does not state a ■cause of action. An investigation of the common law fails to reveal a true analogy between the right of the wife to the society of her husband and the right known as consortium, which formed the gist of the action at common law by the husband for injuries to his wife. Guy v. Levesey, Cro.
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Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) Plaintiffs amended petition does not state a ■cause of action. An investigation of the common law fails to reveal a true analogy between the right of the wife to the society of her husband and the right known as consortium, which formed the gist of the action at common law by the husband for injuries to his wife. Guy v. Levesey, Cro. J'ac. 501; Hyde v. Seyssor, Cro. ■Car. 538; Marri v. Railroad, 84 Conn. 9, 78 Alt. 582. (2) To allow recovery to the plaintiff in this case would be to violate the established rule of damages…
1Opinion of the CourtEllison, J.
Plaintiff’s action is to. recover damages for the loss of the “consortium, comfort and society” of her husband through “careless and negligent acts” of defendants. She recovered judgment in the trial court for the sum of three thousand dollars.
The action was instituted against four several defendants. Defendant Montgomery Ward So Company’s lessors were constructing a large addition to their mercantile building. . Defendants Stone and Gentry were contractors in such construction. A spur track connecting defendant railway company’s track ran into these buildings, over which its cars ran…
2Cases cited25 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Feneff v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
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3Cited by26 opinions
- Dini v. NaiditchIllinois Supreme Court · 1960
- Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
- Borer v. American Airlines, Inc.California Supreme Court · 1977
- Novak v. Kansas City Transit, Inc.Supreme Court of Missouri · 1963
- Brown v. Georgia-Tennessee Coaches, Inc.Court of Appeals of Georgia · 1953
21 more not listed; retrieve them via the Exa API.