McDADE v. WEST

32547.

80 Ga. App. 481 (1949)

56 S.E.2d 299

McDADE v. WEST et al.

Court of Appeals of Georgia.

Rehearing Denied November 23, 1949.


Attorney(s) appearing for the Case

Moreton Rolleston Jr., for plaintiff.

M. Cook Barwick, Gambrell, Harlan & Barwick, James C. Hill, for defendant.


FELTON, J.

1. The court is evenly divided on the question whether a wife has a cause of action for damages for the loss of consortium due to injuries suffered by her husband.

The views of Sutton, C. J., MacIntyre, P. J. and Worrill, J., to the effect that no such action will lie, are are follows: It has almost universally been held that a wife has no such cause of action in the absence of a statute giving the right. The cases denying the right base their reasoning...

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