Kronenbitter v. Washburn Wire Co. — 4 A.D.2d 936

Majority

p. 936

Josephine Kronenbitter, Appellant, v. Washburn Wire Company et al., Respondents.

Order and judgment appealed from are unanimously affirmed, on the law, with costs to defendants-respondents against plaintiff-appellant. Leave is granted, however, to plaintiff to appeal to the Court of Appeals. We are constrained, as was Special Term, to affirm the dismissal

p. 937

of the complaint in this action by a wife for loss of consortium resulting from injury inflicted on her husband through the alleged negligence of defendants. (See Prosser on Torts [2d ed.], p. 703 et seq.) Concur —Peck, P. J., Breitel, Frank, Valente and Bastow, JJ. [ 5 Misc 2d 961 .]

Cases cited

Kronenbitter v. Washburn Wire Co. 5 Misc 2d 961 N.Y. Sup. Ct. 1957-02-13 p. 937