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Common Law

Michigan Law Review

Cause of action

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Husband And Wife - Right Of Wife To Sue For Loss Of Consortium Due To Negligent Injury To Husband, James M. Porter S.Ed. Mar 1957

Husband And Wife - Right Of Wife To Sue For Loss Of Consortium Due To Negligent Injury To Husband, James M. Porter S.Ed.

Michigan Law Review

Plaintiff brought an action for loss of consortium with her husband, allegedly due to defendant's negligent injury of the husband. In a prior suit the husband's cause of action against the defendant had been settled and dismissed with prejudice. The trial court dismissed the present suit for failure to state a cause of action. On appeal, held, reversed. The wife has a valuable property right of consortium. Iowa statutes pertaining to the rights of married women clearly indicate the intent of the legislature to remove the common law bar of coverture that prevented a wife from maintaining an action …


Death By Wrongful Act-Effect Of Double Death On Recovery Under Minnesota "Death" And "Survival" Statutes, Robert K. Eifler Jun 1946

Death By Wrongful Act-Effect Of Double Death On Recovery Under Minnesota "Death" And "Survival" Statutes, Robert K. Eifler

Michigan Law Review

Recovery was sought by the surviving spouse and next of kin against the estate of a negligent driver where both the passenger and the driver were fatally injured and died "in the same traffic accident." Held, where both the injured person and the wrongdoer die, an action survives against the personal representatives of the wrongdoer. Kuhnle v. Swedlund, 220 Minn. 573, 20 N.W. (2d) 396 (1945).