21 N.E.2d 341 | Ohio | 1939
The Court of Appeals held that the jury's verdict was excessive with respect to the plaintiff's claim for loss of consortium and also as to his claim for loss of his wife's services.
In discussing the former, the Court of Appeals followed *436
the reasoning of this court in the case of Smith v. NicholasBldg. Co.,
In discussing the plaintiff's claim for loss of services the Court of Appeals correctly observed that according to the evidence certain of the wife's customary duties were performed gratuitously by other members of the family, and that no recovery could be had therefor. Laskowski v. People's Ice Co.,
It should be added that the plaintiff did offer proof showing damage to his automobile in the amount of $26.45 and necessary medical, hospital and nursing expense in the sum of $39. These items constitute the sum of $65.45 with which the Court of Appeals found no fault. *438
Under the circumstances the Court of Appeals was correct in finding the general verdict excessive, and in remanding the cause for retrial.
Judgment affirmed.
WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.