Druley v. Houdesheldt, 2694
| Decision Date | 24 April 1956 |
| Docket Number | No. 2694,2694 |
| Citation | 75 Wyo. 155,296 P.2d 251 |
| Parties | Arthur O. DRULEY, Plaintiff and Appellant, v. Francis W. HOUDESHELDT and Salt Creek Freightways, a Corporation, Defendants and Respondents. |
| Court | Wyoming Supreme Court |
Clarence G. Cypreansen, R. N. Ogden, Casper, for appellant.
No brief filed for respondents.
Plaintiff has filed a petition for rehearing in this case, raising four points of alleged error.
In the first three of these he has contended that § 5, c. 143, S. L. of Wyoming, 1951, repeals §§ 3-403, 3-404, and 57-427, W.C.S., 1945. Since this phase of the case was fully discussed in the original opinion and no new authorities are now cited by counsel, there appears to be no necessity that further time or attention be devoted to the subject.
The fourth point in plaintiff's petition urges that the court erred in 'its finding that the applicable Common Law does not accord Plaintiff and Appellant the relief sought by this action.' Plaintiff's contention apparently stems from his statements: (a) 'the Common Law applicable in Wyoming was that existing prior to and on April 10, 1606,' and (b) 'a husband [under the 1606 common law] had cause of action for loss of consortium, not only for so long as she [the wife] lived, but for the loss after her death, unless defendant by felony cost the life of the wife, when plaintiff's remedy was merged in the felony.' As authority for his second and crucial statement, plaintiff relies on:
'44 Assiz 13, 47 E. 3, Bellewe's Cases, Ravishment pl. 3--cited in Hale's Pleas of the Crown, Vol. 1 p. 637. Vol. 3 of Street 'Foundation of Legal Liability' p. 71 cites Y. B. 44 Ass. 285 pl. 13; Bellewe's Cases, Ravishment pl. 3.'
He does not quote the Assizes reports but his Hale citation reads:
'* * * the husband * * * shall recover damages for the rape as well as the goods, the the wife were dead or divorced after the rape.'
and his Street text states, inter alia:
'* * * the right of action which accrues to a husband by virtue of the abduction of his wife * * * does not perish when the wife * * * happens to die before suit is brought * * *.'
These statements dealing respectively with rape and abduction discuss recovery and rights of action but do not purport to hold that a husband can recover for loss of consortium occurring because of his wife's death. They are therefore insufficient to establish plaintiff's contention.
Moreover, we would be loath to interpret a rule of the common law contrary to the views repeatedly expressed by the nation of its inception. English courts have so often pronounced their views that one citation on the subject should suffice. Lord Sumner in the case...
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