Okelley-Eccles Co. v. California

Plaintiffs husband was severely injured when a taxicab in which he was a passenger collided with a train. He sued the railway company, the taxicab company, the train engineer, and the cab driver, obtaining a judgment in the amount of $290,000, which was affirmed on appeal (Deshotel v. Atchison, T. & S. F. Ry. Co., 144 Cal. App. 2d 224 [300 P.2d 910]). During the pendency of that action plaintiff brought this suit against the same defendants. She alleged that as a result of their negligence her husband was injured in such a manner that she "has been denied his care, protection, consideration, companionship, aid, and society" and that "by reason of the loss of the consortium of her husband" she has been damaged in the sum of $100,000. A general demurrer by the railway company and the engineer was sustained without leave to amend, and plaintiff has appealed from the ensuing judgment.