Riley v. Lidtke

• Decision Date: 16 September 1896
• Citation: 68 N.W. 356,49 Neb. 139
• Parties: RILEY v. LIDTKE.
• Court: Nebraska Supreme Court

49 Neb. 139

68 N.W. 356

RILEY

v.LIDTKE.

Supreme Court of Nebraska.

Sept. 16, 1896.

Syllabus by the Court.

1. The services which are due to the husband from his wife, and for the loss of which he may recover, are such duties and services as reasonably devolve upon her by reason of the marriage relation.

2. The performance of laundry work and sewing for others than her own family are not duties which devolve upon the wife by reason of the marriage relation.

3. If, through the negligence of another, the wife be injured, and thereby rendered unable to perform her household duties, and her husband is put to expense in having these duties performed by another, he may recover such necessary expense from the party inflicting the injury.

4. Earnings acquired by the wife as a laundress and seamstress for others than her family do not belong to the husband, but are the sole and separate property of the wife; and, in a suit by the husband for the loss of services of his wife, such earnings cannot be considered, in estimating his damages.

Error to district court, Saunders county; Wheeler, Judge.

Action by Herman Lidtke against Pat Riley. From a judgment for plaintiff, defendant brings error. Reversed.

Clark & Allen, for plaintiff in error.

Frank Dean and W. D. Guttery, for defendant in error.

RAGAN, C.

Herman Lidtke sued Pat Riley in the district court of Saunders county for damages. Lidtke alleged in his petition that on the 14th of March, 1890, while his wife was driving south, in a carriage, upon a public highway in said county, at a place where it was practicable, from the nature of the ground, for the driver of a carriage to turn to the right of the beaten track, she met Riley driving north on the highway, in a carriage, and that he negligently neglected to turn his team to the right of the center of the road, and the center of the beaten track thereof; that the carriages of the two parties collided, and his (Lidtke's) wife was thrown from her carriage, and permanently injured, and by reason of the injuries had become an incurable invalid, and unable to perform her work and duties as a wife, whereby he had been deprived of her services and companionship, and put to great expense for her medical treatment, nursing, and medicines, to his damage. Lidtke had a verdict and judgment, to reverse which Riley has prosecuted here a petition in error.

On the trial to the jury, Lidtke's wife, against the objection of Riley, was permitted to testify as follows: “Q. What was your occupation prior to the time of the injury, aside from housekeeping? A. Making dresses. Q. What did you do with your earnings from that labor? A. I used them for my household. Q. Then your earnings were not kept apart from your husband's? You made a common interest? A. No. Q. Do you mean to say that you and your husband kept everything in common, for the general good of the family? A. Yes, sir. Q. About what were your annual earnings from that source, Mrs. Lidtke,--or, say, your weekly earnings? A. Outside of the household, about $3 a week.” Mrs. Lidtke was also permitted, over the objection of Riley, to...