Seney v. Chicago, Milwaukee & St. Paul Railway Co
Decision Date | 21 October 1904 |
Citation | 101 N.W. 76,125 Iowa 290 |
Parties | ROBERT J. SENEY, Appellant, v. CHICAGO, MILWAUKEE & ST. PAUL RAILWAY CO |
Court | Iowa Supreme Court |
Appeal from Woodbury District Court.-- HON. WILLIAM HUTCHINSON Judge.
ACTION to recover damages for the instant death of plaintiff's wife, due to physical injuries resulting from defendant's negligence. A demurrer to plaintiff's petition having been sustained, plaintiff elected to stand on his pleading and judgment was rendered for defendant, from which plaintiff appeals.-- Affirmed.
Affirmed.
Henderson & Fribourg, for appellant.
H. H Field and Shull & Farnsworth, for appellee.
In the case of Major v. Burlington, C. R. & N. Ry. Co., 115 Iowa 309, 88 N.W. 815, we have recently held that the wife has no right of action against a railroad company for injuries inflicted on her husband through negligence of the employes of the company resulting in his instant death. Counsel for appellant seek to distinguish between that case and the present case on the ground that at common law the wife had no right of action for injuries to her husband impairing his capacity for providing maintenance and support, while the husband did have a right of action for loss of services of the wife due to injury from the wrongful act of another; that is, that the husband is recognized by the common law as having a property right in the wife's services, while the wife has no corresponding property right in the support which she is entitled to receive from her husband. The distinction may be conceded, but plaintiff's right of recovery is not thereby established. By well-settled principles of the common law explained in the Major Case supra, no person can recover damages from another for wilfully or negligently causing the instant death of a third person, no...
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Romano v. Capital City Brick & Pipe Co.
... ... & N. R ... Co., 115 Iowa 309, 88 N.W. 815; and see Seney v ... Chicago, M. & St. P. R. Co. 125 Iowa 290, 101 N.W ... ...
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Romano v. Capital City Brick & Pipe Co.
... ... R. & N. R. Co., 115 Iowa, 309, 88 N. W. 815; and see Seney v. Chicago, M. & St. P. R. Co. (decided at the present ... ...
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Lipovac v. Iowa Railway & Light Co.
... ... Juris 1181; Lane v. Steiniger, 174 Iowa 317, 156 ... N.W. 375; Seney v. Chicago, M. & St. P. R. Co., 125 ... Iowa 290, 101 N.W. 76; Romano v ... ...
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Myers v. Chi., B. & Q. R. Co.
...wrongful acts of defendant's employés causing the death of his wife. A demurrer to the petition having been sustained (see Seney v. Ry., 125 Iowa, 290, 101 N. W. 76), an amended and substituted petition was filed by F. K. Myers, as administrator of the decedent, claiming damages to her esta......