Opinion
March 15, 1960.
June 30, 1960.
Husband and wife — Injury to husband — Damages to wife — Loss of husband's consortium.
1. A married woman does not have a cause of action in Pennsylvania for the loss of her husband's consortium caused by the negligent act of a third party.
2. Neuberg v. Bobowicz, 401 Pa. 146, followed.
Mr. Justice MUSMANNO filed a dissenting opinion.
Argued March 15, 1960. Before JONES, C. J., MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 71, March T., 1960, from order of Court of Common Pleas of Allegheny County, Jan. T., 1958, No. 2691, in case of Walter L. Pacewicz et ux. v. Clyde E. Young. Order affirmed.
Trespass for personal injuries.
Defendant's preliminary objections to second count of complaint sustained and order entered, opinion by MARSHALL, J. Plaintiff appealed.
Nicholas P. Papadakos, with him J. Paul Farrell, for appellant.
J. Lawrence McBride, with him Dickie, McCamey, Chilcote Robinson, for appellee.
The sole legal question raised by this appeal is discussed at length and decided in the case of Neuberg v. Bobowicz, 401 Pa. 146, 162 A.2d 662.
The order of the court below, sustaining appellee's preliminary objections to the second count of appellant's complaint, is accordingly affirmed.
I dissent from the decision of the Court in this case for the reasons set out at length in my Dissenting Opinion in the case of Neuberg v. Bobowicz, filed today, and reported in 401 Pa. 146, 162 A.2d 662.