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Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband
Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband
Michigan Law Review
Plaintiff sued for loss of the opportunity to bear children by her husband resulting from his emasculation caused by defendant's negligence. The court below dismissed the complaint. Held (one judge dissenting), judgment affirmed. Such a cause of action has never been recognized. It cannot be said that the wrong is the proximate cause of the loss because of the many elements of doubt and conjecture in connection with the birth of children. Landwehr v. Barbas, 24I App. Div. 769, 270 N. Y. S. 534 (I934).
Future Interests - Rule In Shelley's Case - Where Remainder To Heirs Is "Contingent"
Future Interests - Rule In Shelley's Case - Where Remainder To Heirs Is "Contingent"
Michigan Law Review
A grantor conveyed premises to his daughter and her husband "For and during their lifetime, then to the heirs of the body of our daughter, Henrietta Ann Briegel, and if she leaves no child or children surviving her, then to her heirs according to law." Henrietta died without ever having had children and devised all her property to her husband, defendant herein. Plaintiff as heir at law of Henrietta brought suit for partition. Held, the remainders created were contingent with a double aspect. The rule in Shelley's case does not apply where the remainder in the heirs is contingent. …