Kosciolek v. Portland Ry., L. & P. Co.
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff, Katherine Kosciolek, widow of John Kosciolek, complains that the defendant, Portland Railway, Light & Power Company, negligently ran one of its street-cars against a wagon being driven on the street into Portland by her husband, whereby without his fault he was injured so that he died about 13 months later.
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From Multnomah: Robert G. Morrow, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff, Katherine Kosciolek, widow of John Kosciolek, complains that the defendant, Portland Railway, Light & Power Company, negligently ran one of its street-cars against a wagon being driven on the street into Portland by her husband, whereby without his fault he was injured so that he died about 13 months later. She says that: “By reason of the matters and things herein alleged this plaintiff has been, now is, and will hereafter be deprived of the comfort, society, love, affection, association,…
1Opinion of the CourtJustice Burnett
1. Many questions are suggested in the plaintiff’s brief which are unnecessary to consider. The whole question hinges upon the determination of whether or not a widow can maintain an action for loss of consortium incident to the marriage relation between herself and her deceased husband. It may be set down that at common law, while the husband could maintain an action for an injury to or death of the wife whereby he lost her services and consortium, yet the wife herself could not maintain a corresponding action to recover *522for the loss of services and consortium due from the husband to herself.
2Cases cited7 opinions
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Feneff v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Brown v. KistlemanIndiana Supreme Court · 1912
- Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
- Goldman v. CohenNew York Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
- Norwest v. Presbyterian Intercommunity HospitalOregon Supreme Court · 1982
- Werthan Bag Corp. v. Agnew. Agnew v. Werthan Bag CorpCourt of Appeals for the Sixth Circuit · 1953
- Casey v. Manson Construction & Engineering Co.Oregon Supreme Court · 1967
- Brown v. Georgia-Tennessee Coaches, Inc.Court of Appeals of Georgia · 1953
26 more not listed; retrieve them via the Exa API.