Mewhirter v. Hatten
Supreme Court of Iowa
Appeal from Cass Circuit Court. The •plaintiff brings this action against the defendant, a physician and surgeon, for malpractice in the .treatment of Hannah Mewhirter, plaintiff’s wife, during her confinement giving birth to a child, whereby it is alleged she has sustained serio.us-injuries and been permanently disabled in body. • The petition among other things states that the plaintiff has been compelled to pay out and expend large sums of money in caring for and…
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Appeal from Cass Circuit Court. The •plaintiff brings this action against the defendant, a physician and surgeon, for malpractice in the .treatment of Hannah Mewhirter, plaintiff’s wife, during her confinement giving birth to a child, whereby it is alleged she has sustained serio.us-injuries and been permanently disabled in body. • The petition among other things states that the plaintiff has been compelled to pay out and expend large sums of money in caring for and doctoring his wife and has been, and will during her natural life, owing to the injuries caused by the negligence of the…
1Opinion of the Court
Miller, Ch. J.
The question presented for decision is, whether a married man is entitled to the personal labor and assistance of his wife to any extent whatever, so as to be entitled to maintain an action against one who, by injuries committed upon her, deprives him of such labor and assistance.
By the common law the husband was entitled to the labor and earnings of the wife and to all property and money acquired as the fruits of such labor or earnings. Duncan v. Rosselle et al., 15 Iowa, 501; Laing v. Cunningham, 17 Id., *290510. The common law, however,' has in this respect been modified by…
2Cases cited3 opinions
- Grant v. GreenSupreme Court of Iowa · 1875
- Duncan v. RoselleSupreme Court of Iowa · 1864
- Musselman v. GalligherSupreme Court of Iowa · 1871
3Cited by30 opinions
- Henneger v. LomasIndiana Supreme Court · 1896
- Sinift v. SiniftSupreme Court of Iowa · 1939
- Bailey v. City of CentervilleSupreme Court of Iowa · 1899
- Kelley v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Omaha & Republican Valley Railway Co. v. CholletteNebraska Supreme Court · 1894
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