42 Iowa 518 | Iowa | 1876
I. The questions presented in the case, to which we shall devote attention, involve the rights of husband and' wife in an action for pei’sonal. injuries sustained by the latter, and the consideration of the effect of certain statutes pertaining thereto.
We have recently ruled that the husband is entitled to the personal services of the wife, and may recover for the loss thereof caused by the wrongful act of another. Mewhirter v. Hatten, infra. The duty of the wife to render personal services to the husband, and that she is entitled to no claim against him or his estate therefor, is recognized in Grant v. Green, 41 Iowa, 88. These rulings are in harmony with the, 'common law, which, so far as this right of the husband and duty of the wife are concerned, has not been modified by statute, so far as to relieve the wife of obligation to discharge domestic duties and to forbid the husband claiming it. If she be engaged in trade or in an employment for wages, she may recover her earnings. Code, § 2211.
The plaintiff in the case before us was . engaged in no other than domestic services as the maternal head of her husband’s family. Whatever time she lost or would lose would have been devoted to this employment, and the loss was her-husband’s, for which she had no right to recover. Addison on Torts, p. 922. If we admit her right to recover, defendant would be twice liable, for assuredly under the rules of the law, the husband may recover for such losses as were sustained by him.
We conclude that the instructions, and other rulings of the court under consideration, in holding that plaintiff could recover for her loss of time, are erroneous.
Other questions presented by the record and discussed by counsel need not be considered, as the judgment, for the errors above pointed out, must be
Reversed.