Nichols v. Nichols
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — -IIon. D. P. Stratton, Judge. (1) The right of a wife to maintain an action for the loss of the consortium of her husband did not exist at common law, and its existence is only recognized in this State by virtue of the recent legislation giving the wife a separate legal existence. Glow v. Okapman, 125 Mo. 101; Nichols v. Nichols, 134 Mo. 187. (2) The loss of society alone is not a right which constitutes within itself an element of damage.
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Appeal from Vernon Circuit Court. — -IIon. D. P. Stratton, Judge. (1) The right of a wife to maintain an action for the loss of the consortium of her husband did not exist at common law, and its existence is only recognized in this State by virtue of the recent legislation giving the wife a separate legal existence. Glow v. Okapman, 125 Mo. 101; Nichols v. Nichols, 134 Mo. 187. (2) The loss of society alone is not a right which constitutes within itself an element of damage. First of all there must be the loss of affection. Calloway v. Laydom, 47 la. 456; Logan v. Logan, 77 Ind. 559; Freese…
1Opinion of the CourtBrace, P. J.
— The defendants are husband and wife. 'This is an action by the plaintiff against them to recover damages for wrongfully inducing her husband George Nichols, wEo is the only son of the defendants, to abandon '.her, and to live separate and apart from her, thereby *392depriving her of his affection, companionship, society, protection and support, in which the plaintiff obtained judgment in the circuit court for $5,000.50, and the defendants appeal. The case has been here before on plaintiff’s appeal from a judgment of the circuit court sustaining a demurrer to the petition, on which appeal the…
2Cases cited9 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- State v. RobinsonSupreme Court of Missouri · 1893
- Hickman v. GreenSupreme Court of Missouri · 1894
- Hartpence v. RogersSupreme Court of Missouri · 1898
- Hume v. HopkinsSupreme Court of Missouri · 1897
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3Cited by40 opinions
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- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Jenness v. SimpsonSupreme Court of Vermont · 1911
- Kellar v. JamesWest Virginia Supreme Court · 1907
- Matter of NataleMissouri Court of Appeals · 1975
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