Lane v. Steiniger

• Decision Date: 18 February 1916
• Docket Number: No. 30512.,30512.
• Citation: 156 N.W. 375,174 Iowa 317
• Parties: LANE v. STEINIGER ET AL.
• Court: Iowa Supreme Court

174 Iowa 317

156 N.W. 375

LANE

v.STEINIGER ET AL.

No. 30512.

Supreme Court of Iowa.

Feb. 18, 1916.

Appeal from District Court, Scott County; A. P. Barker, Judge.

Action for damages resulted in judgment for plaintiff. Defendants appeal. Affirmed.Isaac Petersberger and Lane & Waterman, all of Davenport, for appellants.

M. V. Gannon, W. M. Chamberlin, and Ely & Bush, all of Davenport, for appellee.

LADD, J.

Lena Lane, while crossing the intersection of Second and Warren streets in Davenport, was struck by the motor truck of Steiniger, operated by Fisher. This happened at about 11:05 o'clock in the morning of January 21, 1913, and she died between 4:30 and 5 o'clock in the afternoon of the same day. In February following her husband, Cornelius Lane, brought suit for damages against the Rock Island Brewing Company and the Iowa Realty Company, alleging that they were the joint owners of the truck, and praying to be allowed damages because of having been deprived “of the services and society of his said wife.” Subsequently the petition was amended by making William Steiniger and A. E. Fisher defendants. The allegations of the petition were put in issue by answers, and the cause proceeded to trial to the jury October 1, 1914. During the examination of the second witness called, the plaintiff filed another amendment to the petition, by adding, after the name of the plaintiff, the words “administrator of the estate of Lena Lane, deceased,” and alleging that plaintiff had been duly qualified as such, and by striking out the prayer of the petition and inserting in lieu thereof the allegation that the estate of the deceased had become “liable for expenses for medical care, attendance, and nursing in a considerable sum” and “for funeral and burial expenses,” and “that said estate has been damaged by loss of services, earnings, and savings of said Lena Lane, including the loss or value of her services as wife and mother,” and judgment was prayed for $10,000 actual and exemplary damages, instead of $2,995.50 asked in the petition. On motion of defendants this amendment was stricken, but later the ruling was reconsidered and the motion overruled. The cause was dismissed as against the companies, and a verdict against Steiniger and Fisher returned, upon which judgment was entered.

[1][2][3] The only error complained of is the ruling by which the court allowed “the amendment to plaintiff's petition by which the husband withdrew as plaintiff, taking with him his cause of action.” Had death been instantaneous, no right of action would have accrued to the husband. Major v. Railway, 115 Iowa, 309, 88 N. W. 815. But she survived several hours after the collision, and because of this the husband might have maintained an action for loss of his wife's society. The damages for this necessarily would be inconsiderable, for, as laid down by Lord Ellenborough in Baker v. Bolton, 1 Campb. 493, “the damages as to the plaintiff's wife must cease with the period of her existence.” Hyatt v. Adams, 16 Mich. 180;Long v. Morrison, 14 Ind. 595, 77 Am. Dec. 72. This rule is said in Mowry v. Chaney, 43 Iowa, 609, to be well established. The husband also might have claimed damages for loss of services, but for the enactment of section 3477a, Code Supp., which provides that:

“When any woman receives an injury caused by the negligence or wrongful act of any person, firm or corporation, including a municipal corporation, she may recover for loss of time, medical attendance and other expenses incurred as a result thereof in...