Martin v. Southern Pacific Co.
Before: Harrison
Synopsis
Husband and Wife—Injuries to Wife—Loss of Services—Right of Action by Husband.—A husband is entitled to recover for the damage sustained by him by reason of physical injuries inflicted on his wife through the negligence of the defendant, whereby he has been deprived of her services, and compelled to expend money as a consequence of such deprivation.
Id.—Community Property—Earnings of Wife.—The services of the wife are a part of the earning power of the community, and the earnings received for her services constitute community property, as much as do the earniugs received for the services of the husband; and for any wrongful act of another by which either husband or wife is deprived of the capacity to accumulate community property, the husband, as the head of the community, may maintain an action for damages.
Id.—Expenses Incurred by Husband.—In such an action, the husband may recover the expense incurred by him for necessary labor and services substituted for the ordinary services of the wife.
Id.—Nature of Injury—Expert Evidence.—The character of the injuries sustained by the wife, their probable duration, and the medical care required for their alleviation, are proper subjects for the opinion of experts; and a physician who had attended upon the wife may testify as to the character of the medical attendance she would require in the future.
HARRISON, J.
The present action is brought for the recovery of damages sustained by the plaintiff by reason of injuries received by his wife while she was being conveyed as a passenger upon one of the trains of the defendant. It is alleged in the complaint that by reason of the negligence of the
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defendant the injuries received hy plaintiff’s wife were permanent, and rendered her wholly unahle to perform her usual work and duties, and that hy reason thereof he has been, and will be through the remainder of her life, deprived of her services and compelled to provide medical aid and care for her. Judgment was rendered in favor of the plaintiff, and the defendant has appealed.
The principal ground urged by the defendant in support of its appeal is that the plaintiff is not entitled to recover compensation for the loss of services of his wife; that the relation which under the common law existed between the husband and wife, by which the wife was in reality the servant of the husband, does not prevail in this state; that the code dues not give to the husband a right to the services of the wife, and that, therefore, he cannot maintain an action for being deprived of them. It was shown at the trial that prior to receiving the injury she did the housework of the family without any assistance, and that since that time she had been unahle to do any of it, and that the plaintiff had been compelled to employ other assistance for that purpose.
The right of the plaintiff to maintain the action does not depend upon the right of the husband to compel the wife to render such services, or upon the existence of any obligation upon her part to perform them, other than the obligation of mutual support which they contract toward each other. (Civ. Code, sec. 155.) The action is brought to recover compensation for the damage sustained by reason of the wrongful act of the defendant, whereby the plaintiff has been deprived of her services and compelled to expend money as a consequence of such deprivation. The services of the wife are a part of the earning power of the community, and the earnings received for her services constitute community property as much as do the earnings received for the services of the husband. If the injury had been received hy the husband, it would not be contended that he could not recover for the damage sustained by the loss of his earning capacity. In either case, the earnings would be community property, and any act by which either husband or wife is deprived of the capacity to render services diminishes the capacity to accumulate community property. If the domestic
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