Mowry v. Chaney
Supreme Court of Iowa
Appeal from Clarice District Court. This action is brought to recover of the defendant for malpractice. The petition avers in substance that the plaintiff employed the defendant as a physician and surgeon to treat his wife, who was about to be delivered of a child, and that in consequence of the unskillfulness and negligence of the defendant, the plaintiff has been put to great expense, and has lost the services and society of his wife.
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Appeal from Clarice District Court. This action is brought to recover of the defendant for malpractice. The petition avers in substance that the plaintiff employed the defendant as a physician and surgeon to treat his wife, who was about to be delivered of a child, and that in consequence of the unskillfulness and negligence of the defendant, the plaintiff has been put to great expense, and has lost the services and society of his wife. The answer is a general denial, except that it admits that defendant is a physician and surgeon, and undertook the treatment of plaintiff’s wife. The…
1Opinion of the CourtAdams, J.
The husband may recover for loss of services of his wife. Tuttle v. The C., R. I. & P. R. Co., 42 Iowa, 518.
In this case, however, the petition shows that the plaintiff’s wife was confined in child-birth, and died in three days after the treatment complained of. So far as the petition shows, it does not appear that the plaintiff sustained any damage in the loss of his wife’s services by reason of the treatment.
That the plaintiff might recover for the loss of her society between the time she received the injury and the time of her death, seems well settled. McKinney v. The Western Stage Co., 4…
2Cases cited3 opinions
- Sherman v. Western Stage Co.Supreme Court of Iowa · 1868
- McKinney v. Western Stage Co.Supreme Court of Iowa · 1857
- Tuttle v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876
3Cited by18 opinions
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Acuff v. SchmitSupreme Court of Iowa · 1956
- Weitl v. MoesSupreme Court of Iowa · 1981
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
- Rowe v. RichardsSouth Dakota Supreme Court · 1913
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