Labonte v. Davidson
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, of Ada County. Hon. Carl A. Davis, Judge. Action for damages. Judgment for plaintiffs. The husband was entitled | to maintain a separate action to recover for medical attendance, loss of service and of the society of his wife. (Ohio & M. By. Co. v. Cosby, 107 Ind. 32, 7 N. E. 373; Indiana Union Tract. Co. v. McKinney, 39 Ind. App. 86, 78 N. E- 203; Efroymson v. Smith, 29 Ind.
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APPEAL from the District Court of the Third Judicial District, of Ada County. Hon. Carl A. Davis, Judge. Action for damages. Judgment for plaintiffs. The husband was entitled | to maintain a separate action to recover for medical attendance, loss of service and of the society of his wife. (Ohio & M. By. Co. v. Cosby, 107 Ind. 32, 7 N. E. 373; Indiana Union Tract. Co. v. McKinney, 39 Ind. App. 86, 78 N. E- 203; Efroymson v. Smith, 29 Ind. App. 451, 63 N. E. 328; Birmingham etc. By. Co. v. Lintner, 141 Ala. 420, 109 Am. St. 40, 3 Ann. Cas. 461, 38 So. 363; Denver Consol. Tramway Co. v. Biley,…
1Opinion of the CourtMorgan, J.
Respondents, husband and wife, in their complaint charged, in one count, that appellant maliciously committed battery upon the wife by striking her with his fist, and causing her to fall against the corner of a table, whereby she was permanently injured, and that the husband became obligated for medical attendance and hospital fees. The relief demanded was $10,000 actual damages, $3,000 exemplary damages, and $600 for the expenses mentioned. From a judgment for respondents for $5,000 actual damages and $600 because of said expenses, and from an order denying a new trial, this appeal is taken.
A…
2Cases cited21 opinions
- Ezell v. DodsonTexas Supreme Court · 1883
- Giffen v. City of LewistonIdaho Supreme Court · 1898
- Hawkins v. Front Street Cable Railway Co.Washington Supreme Court · 1892
- San Antonio Street Railway Co. v. HelmTexas Supreme Court · 1885
- Jones v. City of CaldwellIdaho Supreme Court · 1911
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Blaine v. ByersIdaho Supreme Court · 1967
- Rogers v. Yellowstone Park CompanyIdaho Supreme Court · 1975
- Lorang v. HaysIdaho Supreme Court · 1949
- Ineas v. Union Pac. R. Co.Idaho Supreme Court · 1952
- Sprouse v. MagesIdaho Supreme Court · 1928
23 more not listed; retrieve them via the Exa API.