Virginia F. Carey v. Cecil R. Foster

HAYNSWORTH, Circuit Judge:

The question is whether in Virginia a wife may maintain an action for loss of consortium resulting from negligent injury of the husband. Virginia’s Supreme Court of Appeals has not decided the question. Our attempt to predict what that court would do if this case were be fore it is very much conditioned, however, by a Virginia statute which, conferring some rights upon the wife, deprives the husband of a right to maintain an action for loss of consortium resulting from negligent injury to the wife.

Mr. and Mrs. Carey were both injured in an automobile collision. His…