84 Mo. App. 347 | Mo. Ct. App. | 1900
This action is for the loss of the service and the society of plaintiff’s wife who was injured in getting off of one of defendant’s cars at a station called Harwood. The plaintiff recovered.
This case was submitted with one brought by the wife for injuries in the same accident and decided by us at this term. Much of what we said in that case as to the accident and its cause, and of the conduct of the trial with the court’s ruling on the instructions, is applicable to this ease and we refer to that case for a fuller understanding of this.
The measure of damages in the two cases is different. In actions of this nature, where a married woman has been hurt, the whole damage resulting from the accident does not go to the wife. The loss of domestic service and costs of medical attention are not allowed to her for these belong to
An argument is advanced by defendant concerning what might be considered as elements of damage where the wife is engaged in some other capacity than the domestic service of the family. The argument is based on our statute securing to a married woman the product of her separate labor, and whatever sum grows out of the violation of her personal rights. Secs. 6869, 6864, R. S. 1889. The following decisions from other states are cited in support and illustration of the point. Brooks v. Schwerin, 54 N. Y. 343; Filer v. Railway, 49 N. Y. 47; Blaechinska v. Howard Mission, 130 N. Y. 497; London v. Cunningham, 20 N. Y. S.
In instances where she had been performing other labor, or pursuing other business, the husband would not be entitled to the earnings thereof and therefore their loss would not be his and she should recover therefor in her own right. But in this case there is no evidence of plaintiff being engaged in any other labor than household duties and plaintiff is entitled to recover for the loss. It is true that being emancipated in matters of business by the statute aforesaid, a married woman engaged in the domestic service of the household could at any time go into business for herself, the earnings and profits of which would be hers in her own right. But we think that no thought of this kind could have occurred to the jury since, besides her age of 69 years, the evidence related solely to her household work. It would be wholly beyond reason to say that the jury considered and gave to this plaintiff what she might in the future earn in some independent business.
In Plummer v. Milan, 70 Mo. App. 598, we decided that even where the wife did outside work over and above domestic or household labor, it appearing that it was an effort to aid the husband in supporting the family, the value of such service, in an action by her for personal injury, was the husband’s and the loss was his and should not be allowed to her.
The petition claimed damages in these words: “That plaintiff has been compelled to expend money for medical aid and nursing, viz.: two hundred and fifty ($250) dollars for his wife; has been deprived of her society, assistance and services; that by reason of the premises he has been damaged