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Cases cited for the legal proposition you have searched for.

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Showing 21 of 21 results

...of the action per quod servitium amisit to domestic relations, upon a fictional basis, took place as early as 1653. Norton v. Jason, Style 398; see Winfield, Textbook of the Law of...action for loss of consortium. Compare Serjeant Manning's oft-quoted statement that "the quasi fiction of servitium amisit affords protection to the rich man, whose daughter occasionally... UNITED STATES v. STANDARD OIL COMPANY OF CALIFORNIA ET AL. CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH...

...defendant corporation would involve invoking the common law principle of per quod servitium amisit and asks the court to suggest that...Ins. Agency. Inc. v. John F. Beasley Constr. Co., 766 S.W.2d 309, 312 (Tex.App. 1989) (decline to apply common law rule of per quod servitium amisit); ...shelved his individual hat, donned his corporate hat, and came back for another bite of the apple. The facts and circumstances of this case closely parallel a California case in...

...." By the 18th century, however, the action ( per quod servitium amisit) ...retain his cause of action. In the light of certain events that occurred in 1939, section 49(c) cannot properly be treated as merely the codification of the common law action per quod servitium amisit....reenact the common law rule. It is hard to believe that the Legislature so suddenly and radically changed its mind on the desirability of the common law action per quod servitium amisit — especially...

...parent to pursue the common law action of per quod servitium amisit, some deal with the right of a husband to pursue the common law actions for loss of services and consortium of a wife, some deal.... Court of Appeal of California, Second District, Division Four. October 28, 1971. Appeal from Superior Court of Los Angeles.... The parties have cited us to no cases in California dealing with the problem before us, and we have found none. We have been cited to sundry cases from other...

...domestic infra moenia, and in fact more than this, that a right of action per quod servitium amisit does not depend upon the existence of a contract of service but upon a right of one person to the...anomalous and artificial. The rule contemplates a relationship of service analogous to that of master and servant, for the action per quod servitium ..., to-wit: Attorney General v. Valle Jones, 1935, 2 K.B.D. 209, and United States of America v. Standard Oil Company of California, D.C. 1945, 60 F. Supp...

...fregit, the usual charge being breaking and entering the father's house and assaulting his daughter, getting her with child, per quod servitium amisit. Here the technical ground was the breaking...permitted to bring an action simply for the debauching of his daughter, but if there were loss of services consequent thereon, the action would lie. Per quod servitium amisit was the gist of his...be observed, however, that the quasi-fiction of servitium amisit affords protection to the rich man, whose daughter occasionally makes his tea, but leaves without redress the poor man...

...." Weinrot discusses the social obsolescence of the common law action "per quod servitium amisit" ("whereby he lost the service of his servant") which it views as the basis of Civil Code.... D004779. Court of Appeal of California, Fourth District, Division One. January 12, 1987. Page 788...punitive damages but overruled his demurrer. Defendant Herrick seeks a writ of mandate or prohibition to compel the trial court to sustain his demurrer, contending the California Supreme Court has ruled...

...an action of trespass vi et armis, for entering his house, assaulting his daughter, and getting her with child, per quod, 3 Wils. 18. So, an a...it was held that an action of trespass was maintainable by a father per quod servitium amisit where a child old enough to do him service, other than the heir, was abducted. For the abduction of any...lost; the language of the pleading being per quod consortium, or servitium amisit. Pollock, The Law of Torts, p. 226. Id. at 476-478...

...wife or the conjugal unit. See Hyde v. Scyssor, 79 Eng.Rep. 462 (1620). The action was likened to the action "brought by the master for the battery of his servant, per quod servitium amisit," i.e...trespass by the husband with a " per quod consortium amisit," i.e., "whereby he lost the company [of his wife]," and was for "the loss and damage of the husband," not for damage suffered by the.... Faretta v. California, 422 U.S. 806, ...

...per quod servitium amisit. "* * * "The right to the custody of the infants, and their services as an incident thereto, is the gravamen of the action...characterization would no doubt be resented by jurists on, for example, the California, Illinois, Missouri, and Michigan high courts who have adopted just that position...should not be recognized. The major points were well summarized by the California Supreme Court in Baxter v. Superior Court of Los Angeles Cty. (1977...

...Torts, § 8.9; 27 Am.Jur., Husband and Wife, § 490 et seq. See Comment, Restatement of the Law of Torts, § 693, note 21 A.L.R. 1519. The husband's remedy was per quod consortium amisit (...family as to be considered his servant, the action will lie for debauching, per quod servitium amisit. 3 Bl.Com. 139, 140. The right of the husband was later extended to allow him...Ed., p. 237. We find many courts later stressed the servitium-service theory of the wife rather than the consortium-companionship theory, which is a transposition of the above distinction...

.... The case of Rumler v. Gantt was a civil action for damages, per quod servitium amisit, which would of course lie..., Arkansas, California, Illinois, Kansas, New Hampshire, Ohio, Oklahoma, Canada; bastardy, Utah, New Hampshire, Alabama, Arkansas, New Jersey, Ohio, Massachusetts, Mississippi, Connecticut, California.... The California Court, in People v. Burke, 18 Cal.App. 72; 122 P., 435, a prosecution for attempted murder of a woman and...

...of a motion to dismiss the employer's action for failure to state a claim. In reaching its decision, the court discussed in detail the English common law rule of per quod servitium amisit ("wh...v. United States, 713 F.2d 1461, 1468 (9th Cir. 1983) (affirming dismissal of employer's complaint under California wrongful death statute...

...per quod consortium amisit, not per quod servitium. Loss of service as the only basis of legal right was then recognized and discussed in cases for the seduction of a child or servan...reference to the question here at issue should come, if at all, by action of the legislature rather than by judicial fiat. We are impressed that the comments of the chief justice of the California...

...: The husband's remedy was per quod consortium amisit (whereby he lost the company of his wife) and not per quod servitium (whereby he lost the service of his servan...following statement of the California court in Deshotel v. Atchison, Topeka Santa Fe Railway Co. is typical of the viewpoint that enactment of...

..., that a cause of action per quod consortium amisit ("whereby he lost the company [of his wife]") would permit double recovery for the same tort, as the extract from Guy v. Livesey shows...Tenn. Code Ann. § 36-3-504) was held in Tennessee and in most other states not to abolish a husband's right to the services of his wife; and therefore actions per quod consortium amisit could...annihilated by newer views of a woman's place in marriage, the notion of consortium appeared to gather strength from it. As we have seen, the original rationale for actions per quod consortium amisit...

...more nor less than the equivalent of the common-law right of the husband to bring an action per quod consortium amisit. See...impression in Oregon. In California, where community-property considerations are relevant, the courts have found the husband and wife to be in privity (in their personal property) and have reached a result...

...common law action of per quod consortium amisit, which arose in light of a wife's general common law disability to sue in her own name. See 207 F. Supp. at 237-38. Apparently, recovery...Corp., 54 Cal.App.3d 86, 126 Cal.Rptr. 451 (1975). I agree fully with the conclusions of the California court. In...

...negligently injures his wife and thereby causes him expense and loss of consortium — per quod consortium amisit." (See also 8 Holdsworth, History of English Law...variously estimated as between 60 and 85 miles per hour when the officer apparently lost control of the vehicle. It veered across the inside northbound lane, jumped over the center island, and struck three...running errands. [5] A husband whose wife is negligently injured may recover for loss of her services. (Code Civ. Proc., § 427; Acadia, California, Ltd. v...

..., Action Per Quod Consortium Amisit, 43 Sask L Rev 27, 28-33 (1979). Chomley v Conge, 4 Leon 88; 74 Eng Rep...to recognize a child's action for loss of parental consortium, a California Court of Appeal said: "Plaintiff's claim, viewed in the abstract and divorced from its surroundings.... When a close link between two persons is disrupted, it is difficult to distinguish the injury suffered by each. As the California Supreme Court noted: "[T]o ask the jury, even under...

...at 25 (dissenting opinion of LEVIN, J.). See also Popescul, Action per quod consortium amisit, 43 Sask L R 27, 28-33 (1979.... 302; 563 P.2d 858 (1977), the California Supreme Court, en route to refusing to recognize a child's consortium action, observed.... When a close link between two persons is disrupted, it is difficult to distinguish the injury suffered by each. As the California Supreme Court...

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