Moran v. Quality Aluminum Casting Co.

The sole issue presented by this appeal is whether a wife has a cause of action for loss of the consortium of her husband who has been injured by the negligent acts of a third person.

Twelve years ago this court in Nickel v. Hardware Mut. Casualty Co. 1 held that a married woman did not possess such right of action at common law and that it had not been conferred by statute. Thus the crucial question is whether that decision should now be overruled.

We will first approach the problem from the standpoint of the common law. Prior to 1950 the common law did not recognize a cause of action on the…