Legal Opinion

Landwehr v. Barbas

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1934PublishedCited by 12 opinions

1Opinion of the Court

Order dismissing the complaint as against defendant Florence Barbas for insufficiency affirmed, with ten dollars costs and disbursements. The loss of opportunity of child-bearing, due to physical injuries of a husband caused by the negligence of a third party, has never been recognized as giving a cause of action to a husband or wife against the wrongdoer. There are so many elements of doubt and conjecture in connection with the birth of children that it cannot be said that the wrong is the proximate cause of the loss. If the complaint be construed to mean that because of the injuries the…

2Cases cited2 opinions

  1. Bennett v. . BennettNew York Court of Appeals · 1889
  2. Boden v. Del-Mar Garage, Inc.Indiana Supreme Court · 1933

3Cited by12 opinions

  1. Dini v. NaiditchIllinois Supreme Court · 1960
  2. Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
  3. Montgomery v. StephanMichigan Supreme Court · 1960
  4. Brown v. Georgia-Tennessee Coaches, Inc.Court of Appeals of Georgia · 1953
  5. Kronenbitter v. Washburn Wire Co.New York Court of Appeals · 1958

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