Kelley v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, to recover consequential damages arising from personal injuries to the plaintiff’s wife, Mary J. Kelley, occasioned by the defendant’s negligence. Trial in the Superior Court, before jDewey, J., who allowed a bill of exceptions, in substance as follows. This action was tried at the same time with an action brought by the plaintiff’s wife to recover for injuries which she herself had suffered.
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Tort, to recover consequential damages arising from personal injuries to the plaintiff’s wife, Mary J. Kelley, occasioned by the defendant’s negligence. Trial in the Superior Court, before jDewey, J., who allowed a bill of exceptions, in substance as follows. This action was tried at the same time with an action brought by the plaintiff’s wife to recover for injuries which she herself had suffered. There was evidence tending to show that on October 23,1894, the plaintiff’s wife, while a passenger on a train of the defendant, was injured; and the defendant admitted that her injuries were…
1Opinion of the CourtAllen, J.
In Bigaouette v. Paulet, 134 Mass. 123, a husband’s action for loss of consortium with his wife was held to be maintainable, although there was no loss of service or payment of expenses in consequence thereof. And in Bennett v. Bennett, 116 N. Y. 584, it is said that the basis of the husband’s action for loss of consortium is his right "to the conjugal society of his wife, and that it is not necessary that there should be proof of any pecuniary loss or loss of service.
The present case was tried with an action brought by the plaintiff’s wife, and the same jury fixed the damages in both cases.…
2Cases cited14 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Bigaouette v. PauletMassachusetts Supreme Judicial Court · 1883
- Long v. MorrisonIndiana Supreme Court · 1860
- Berger v. JacobsMichigan Supreme Court · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1925
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Feneff v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
22 more not listed; retrieve them via the Exa API.