(dissenting). This is an action by a married woman seeking’ to recover damages for loss of consortium resulting from injuries sustained by her husband in an automobile accident. The declaration filed set forth that in the afternoon of February 8, 1958, said husband, Robert Montgomery, was driving an automobile in an easterly direction on Bock street in the city of Garden City, that at the same time the defendant Stephan was operating a motor vehicle in a southerly direction on Helen street in said city, and that at the intersection of' the 2 streets the vehicles came in contact as a result of which plaintiff’s husband sustained very serious physical injuries. The pleading further alleged that defendant’s negligence was the sole and proximate cause of the accident, and that by reason thereof plaintiff had:
“(a) Suffered a loss of consortium and invasion of consortium;
“(b) Was deprived of her husband’s aid, assistance, enjoyment, sexual relations, love, conjugal affection, companionship, felicity, society, advice,, counsel, comfort, co-operation, and mutual service;
“(c) Has been required to render extraordinary, unusual and very difficult services to her husband, and she will be required to do so in the future.”
Defendant filed answer to the declaration denying liability on his part and further stating therein that he would subsequently move to dismiss the declaration. Such motion was filed, alleging as the basis therefor that “neither husband nor wife may recover for the loss of consortium in this State.” The circuit *51judge hearing the matter granted the motion on the theory that the present law in the State of Michigan does not permit the recovery of damages on the basis asserted in plaintiff’s declaration. It was further pointed out-by the judge in the opinion filed by him that plaintiff’s husband had also instituted suit for damages against defendant in the circuit court for Wayne county, based on the accident in question, which case was then pending. No question is raised as to the situation in this respect.
Plaintiff has appealed from the order of dismissal. No claim is made that the circuit judge was in error in his conclusion as to the present law of this State, but this Court is urged to declare that the rule heretofore uniformly observed should no longer be followed and that an action for damages for loss or impairment of consortium may be maintained by either spouse. It is conceded that the weight of authority in the country is opposed to the course that counsel for appellant would have this Court pursue by judicial action. It is also conceded that under the common law of England a married woman could not maintain an action of this character. It is in substance argued that under certain'alleged “modern trends” the right to recover damages based on grounds here asserted should be allowed, and that such result should be brought about by judicial action rather than by the enactment of enabling statutes by the legislature of the State. With such view we are unable to agree.
In the case of Blair v. Seitner Dry Goods Co., 184 Mich 304, 314 (LRA 1915D, 524, Ann Cas 1916C, 882), it was declared that:
“For loss of consortium, of the undefined and indefinable influence of either spouse in the family relation, and the pleasure of the relationship, neither may recover.”
*52Tbe Court quoted with approval from Feneff v. New York Central & H. R. R. Co., 203 Mass 278, 280 (89 NE 436, 437, 24 LRA NS 1024, 133 Am St Rep 291), as follows:
“No case has been brought to our attention, and after an extended examination we have found none, in which an action for a loss of consortium alone has been maintained merely because of an injury to the person of the other spouse, for which the other has recovered, or is entitled to recover, full compensation in his own name, when the only effect upon the plaintiff’s right of consortium is that, through the physical or mental disability of the other, the companionship is less satisfactory and valuable than before the injury.”
The Court also commented on the prior decision in Gregory v. Oakland Motor Car Co., 181 Mich 101, to which attention has been directed by counsel in the instant case. The scope and effect of such prior decision must be considered in the light of the subsequent comments. The holding in the Blair Case was followed in Harker v. Bushouse, 254 Mich 187, where it was stated that neither husband nor wife may recover in this State for the loss of consortium. See, also, Bugbee v. Fowle, 277 Mich 485.
It will be noted that this State has not recognized the right of either spouse to maintain an action for damages for loss of consortium. In some jurisdictions such right has been recognized as possessed by the husband but it has been denied to the wife for various reasons sounding in part in her common-law disabilities, and in the failure of affirmative legislative action granting to her a right to pursue such remedy. In certain comparatively recent decisions such differentiation has been criticized as discriminatory. So far as Michigan is concerned there is no discrimination, based on sex, in denying recovery for loss of consortium. The established *53rule is applicable to the husband as well as to the wife.
In Hitaffer v. Argonne Co., Inc., 87 App DC 57 (183 F2d 811, 23 ALR2d 1366), cited and relied on by appellant, the court of appeals of the District of Columbia recognized the unanimity of authority denying to the wife the right of recovery for damages for loss of consortium, but declined to follow it for reasons set forth at some length in the opinion. It was, however, recognized that in situations where the husband brings action and recovers damages and the wife also sues and recovers for loss of consortium there may be a double recovery with respect to the so-called “service element” of consortium. It is interesting to note that in the Hitaffer Case the husband had received compensation for his injuries under the applicable workmen’s compensation statute.
The court in its opinion rejected claims recognized by courts of last resort in many States to the effect that in negligence cases damages are payable to the injured person for the direct consequences of the wrong, that the injury to the wife is indirect, remote, and incapable of measurement, that the common law recognized no right of action based on the so-called sentimental elements of consortium, that while the wife is entitled to be supported by the husband his recovery of damages for impairment of earning ability includes her losses in this respect, and that she may not maintain an action on the ground of loss of services. The Hitaffer Case is reported in 23 ALR2d 1366, where it is followed by a somewhat extensive annotation, 23 ALR2d 1378, indicating the legal situation throughout the country. It was followed, and the opinion on the question at issue quoted in full, in Brown v. Georgia-Tennessee Coaches, Inc., 88 Ga App 519 (77 SE2d 24). It was expressly held, however, by the Georgia court that the right to recover for the husband’s *54loss of eárnings and earning capacity belonged primarily to him. It was further pointed out that ho appellate court in the State of Georgia had previously denied the right to recover damages for loss of consortium.
In a 4-to-3 decision the supreme court of Arkansas in Missouri Pacific Transportation Co. v. Miller, 227 Ark 351 (299 SW2d 41), upheld the right of a wife to recover damages for loss of consortium, the husband having also recovered damages for his injuries. Three members of the court dissented as to the right of the wife to maintain the action. It was pointed out in the dissents that no law of the State authorized such an action, and that if it should be recognized the remedy lay with the legislature and not with the court. Justice McFaddin in his opinion summarized the situation as follows (p 368) :
■ “I cannot agree to Mrs. Miller’s recovering for loss of consortium. We have no statute in Arkansas allowing for such a recovery. The majority concedes that it is proceeding under the judge-made law in the case of Hitaffer v. Argonne Co., Inc., 87 App DC 57 (183 F2d 811, 23 ALR2d 1366). Until the legislature of Arkansas passes a statute allowing for consortium, then I cannot agree to the consortium portion of the majority opinion. Judge Holt has gone into the matter in detail in his dissent, and I concur in his conclusions.”
The supreme court of Iowa, 4 justices dissenting, also followed the reasoning of the Hitaffer Case in Acuff v. Schmit, 248 Iowa 272 (78 NW2d 480). In the majority opinion the view was apparently taken that the husband could maintain such an action and that the argument that there should he no discrimination as between the sexes was persuasive. In that case the husband started suit for damages, the action being dismissed apparently on the making of a settlement. The opinion of the majority recognized that the weight of authority was against the position *55of tlie 5 justices concurring therein. It was pointed out (p 284) on behalf of the 4 dissenting justices that while there were decisions in a limited number of jurisdictions supporting the view of the majority of the court, there were more than 50 cases throughout the country holding to the contrary. The dissenting opinion emphasized the distinction between cases involving an intentional invasion of conjugal rights, such as actions for damages for alienation of affections, criminal conversation, and illegal sale of liquors or drugs, and negligence cases. It was further stated that numerous cases involving the question, decided after the holding in the Eitaffer Case in 1950, had declined to follow the holding and line of reasoning in said case.
In Nickel v. Hardware Mutual Casualty Company, 269 Wis 647 (70 NW2d 205), decided in May, 1955, the supreme court of Wisconsin refused to follow the decision in the Eitaffer Case, commenting that prior to that decision only one jurisdiction (North Carolina) had reached the same conclusion, and that in a later decision (Hinnant v. Tidewater Power Co., 189 NC 120 [126 SE 307, 37 ALR 889]), the prior case had been overruled. It was pointed out that the court of appeals of the 7th circuit in Seymour v. Union News Co., 217 F2d 168, and the court of appeals of the 9th circuit in Filice v. United States, 217 F2d 515, had followed the majority rule rather than the holding of the court of appeals of the District of Columbia. The Wisconsin court further discussed statutes relating to the rights of married women, citing Howard v. Verdigris Valley Electric Co-Operative, 201 Okla 504 (207 P2d 784). Comment was made on the fact that the Oklahoma statute was broad in its provisions insofar as the rights of married women were concerned, but in denying the right of plaintiff wife to recover damages based on *56loss of consortium the supreme court of that State had said- in its opinion (p 508):
“It is generally held that a wife can recover damages arising out of an intentional wrong done to the husband, or from a direct attack upon the marriage relationship. But, there is no authority for plaintiff’s argument that a wife can recover damages arising out of injuries to her husband occasioned by a third party’s negligence. The multitude of decisions wherein this question has been considered precludes citation and discussion. The underlying principle to be noted in all the cases is that whatever additional rights may have been extended to women generally under the so-called emancipation statutes, or married women’s acts, such statutes do not confer a new right upon the wife which permits recovery for loss allegedly resulting from negligent injuries to her husband, since no new cause of action was created thereby.”
Summarizing its position, the Wisconsin court used the following significant language (pp 652, 653):
“Various reasons have been given by the courts for their rejection of claims of this nature. To us the most appealing is that to permit it would result in double recovery to the husband and wife for the same injury. In the husband’s action he is entitled to recover full compensation for all injuries he sustained, including that for being incapacitated, for his inability to care for, protect, and associate with his wife. If she were authorized to recover from the same wrongdoer, the damages she has sustained for the same injuries which her husband may recover for and out of which recovery he is presumed to support and care for her, their recovery would be double, which in our opinion the legislature never intended. The settlement of a husband’s claim for personal injuries resulting from the negligent act of another has always been recognized in this State as closing the incident. The right to main*57tain an action of this kind is at least so doubtful that the court should not confer it. Matters of policy are involved. Such matters should be submitted to the legislature whose function and exclusive province it is to consider them.”
As before noted, the court in its decision in the Hitaffer Case upheld the right of the plaintiff to recover damages for loss of consortium although the husband had received compensation under pertinent provisions of the workmen’s compensation statute for the District of Columbia. In Hartman v. Cold Spring Granite Company, 247 Minn 515 (77 NW2d 651), a like situation was presented. The husband had been awarded workmen’s compensation benefits under the Minnesota statute, and thereafter the plaintiff wife instituted suit for damages for loss of consortium. On motion in the trial court summary judgment was entered for the defendant. The supreme court affirmed the judgment. In doing so the court called attention (p 517) to a provision of the workmen’s compensation act of the State which declared that liability thereunder should be exclusive and in lieu of “other liability to such employee, his personal representative, surviving spouse, parents, child or children, dependents or next of kin, or any other person entitled to recover damages at common law or otherwise on account of such injury or death.” It was held that, in view of the express provisions of the statute, the court was without power to adopt a rule contrary thereto, and that any change in the statute must come about through action by the legislature rather than by the courts.
Among other decisions involving the question is Lockwood v. Wilson H. Lee Company, 144 Conn 155 (128 A2d 330), decided in 1956. Plaintiff brought her action alleging permanent partial, or total, incapacity on the part of her husband resulting from the negligence of the principal defendant and its *58agent, and that as a result she had been deprived of “the affection, care, assistance, services, support and conjugal relations to which she is entitled by virtue of the marital relationship.” Under the practice observed defendants demurred to plaintiff’s complaint on the ground that in Connecticut one spouse cannot maintain an action for damages, based on negligence, for loss of consortium. The trial court sustained the demurrers and the supreme court of the State affirmed. In the opinion a distinction was drawn between cases involving alienations of affections or criminal conversation and those resting on claims of negligence. As to the latter type of cases, it was said (p 157) :
“The right to recover damages for disability resulting from personal injuries is personal, and it is the exclusive right of the injured spouse.” (Citing-cases.)
The court expressly declined to adopt the rule stated in Hitaffer v. Argonne Co., Inc., supra.
Counsel for appellant in his brief has cited Deshotel v. Atchison, Topeka & S. F. R. Co., — Cal App — (319 P2d 357), decided in 1957. In that case the plaintiff, a married woman, brought action against defendants to recover damages for loss of consortium claimed to have resulted from their negligent acts. The trial court sustained a demurrer. The district court of appeals of the 1st district upheld the right of the plaintiff to maintain the action, apparently on the theory that the husband might sue for damages under similar circumstances, and that equal rights should be granted to the wife. The case came before the supreme court, sitting in banc, Deshotel v. Atchison, Topeka & S. F. R. Co., 50 Cal 2d 664 (328 P2d 449), and the prior holding of the district court of appeals reported in 319 P2d 357 was vacated. It was the holding of the supreme *59court, in accordance with numerous other decisions, that the great weight of authority denied the right to maintain the action. In discussing, reasons for such holding, it was said, in part (pp 667-669):
“It is clear that the granting of relief to the wife for loss of consortium caused by negligent injury to her husband would constitute an extension of common-law liability, and the courts are justifiably reluctant to depart from established limitations on recovery. Obviously, such an extension would also involve problems of policy or procedure. A judgment obtained by a husband after he is injured by a third person might include compensation for any impairment of his ability to participate in a normal married life, and, if his wife is allowed redress for loss of consortium in a separate action, there would be danger of double recovery. Any harm she sustains occurs only indirectly as a consequence of the defendant’s wrong to the husband, and the measurement of damage for the loss of such things as companionship and society would involve conjecture since their value would be hard to fix in terms of money. Moreover, if a cause of action in the wife were recognized on the basis of the intimate relationship existing between her and her husband, other persons having a close relationship to the one injured, such as a child or parent, would likely seek to enforce similar claims, and the courts would be faced with the perplexing task of determining where to draw the line with respect to which claims should be upheld. Another difficulty is that judicial, as distinguished from statutory, recognition of the wife’s cause of action would operate retroactively and might work hardship upon persons who, in reliance upon the common-law rule, have made settlement with the husband, believing that the wife could not sue.
“In our view the legislature rather than the courts can best deal with these problems. For example, the legislature, if it found this type of suit to be *60desirable, could define the extent of the liability, designate who may maintain the action, and provide safeguards against the danger of double recovery, such as a requirement that there be a joinder of the person directly injured and the one consequentially harmed. The legislature could also specify whether the proceeds should belong to the plaintiff alone or to both spouses. (Cf. Civ Code, § 163.5, declaring that damages awarded a married person for personal injuries are the separate property of such person.) Some of the objections noted above with respect to an action by the wife apply with equal force to one brought by the husband, but a husband’s claim is not before us, and we need not determine whether such a claim should be allowed. Clarification by statute as to both the husband and the wife would, of course, be preferable to piecemeal determination of the problems by judicial decision. *
“The legislature has not seen fit to alter the common-law rule that the wife cannot recover for the loss of consortium resulting from a negligent injury to her husband, and we are of the opinion that any departure from the overwhelming weight of authority in support of that rule should be left to legislative action.”
In recognition of the general rule on the subject it is said in 3 Restatement of the Law, Torts, § 695:
“A married woman is not entitled to recover from one who, by his tortious conduct against her husband has become liable to him for illness or other bodily harm, for harm thereby caused to any of her marital interests or for any expense incurred in providing medical treatment for her husband.
“Comment:
“a. Although a husband is entitled to recover for the loss of his wife’s services and society and any expense which he incurs as a result of illness or bodily harm caused to her by the tortious conduct of another, a wife is not entitled to a recovery under similar circumstances. The wife is not, nor has she *61ever been, entitled to tbe services of her husband. Moreover, she is not deprived of the support to which she is entitled by any tort committed against him. The husband is still legally bound to provide support for her, and the tort-feasor is liable to the husband for any loss of earning power which he may suffer. This the husband himself may recover, and were his wife permitted to recover for the loss of support, a double recovery would result. The wife has a similar interest in the society and sexual relations with her husband as he has in such relations with her. However, the law has not recognized her right to recover against one who has caused harm to such interests by conduct which is not intended to harm them. One who has negligently injured the husband, or has intentionally caused him harm, by conduct directed toward him personally rather than toward the wife’s interest, is not liable to the wife.
“b. Medical expenses. Merely because she is a wife, a married woman is not entitled to recover for expenses incurred by her for medical treatment of her husband from one who has tortiously caused him bodily harm.”
By way of summarization, we quote the following from 27 Am Jur, Husband and Wife, § 514, pp 114, 115:
“Whatever right a wife may have, by virtue of statutes removing her common-law disabilities to recover for loss of consortium of her husband as a result of injuries inflicted by a third person, does not extend to loss of consortium caused by a mere negligent injury inflicted upon the husband. At least, in the absence of any statute expressly conferring it, a wife, even though able to sue and be sued as a feme sole, has no right or cause of action, as a general rule, for loss of consortium due to injuries negligently inflicted on her husband. She has no such cause of action even under a statute preserving to her all rights of action growing out of violation of her per*62sonal rights. Her loss of consortium resulting from negligence is too remote and indirect to permit her to recover therefor, and hence, it is distinguishable from loss of consortium resulting directly from a wrongful act, as where her husband is wrongfully enticed, seduced, or forced away from her. Furthermore, damages to which the husband is entitled, in a suit for his injuries sustained through another’ negligence, are supposed to be full compensation for his injuries, in which compensation his wife has a benefit, with the consequence that if the wife is permitted a separate recovery for her loss of consortium resulting from such injuries, there is, in effect, a double recovery for the same matter.
“Where the view is taken that under the married women’s acts, the husband has no cause of action for loss of consortium resulting from wrongful or negligent injury of his wife, any such cause of action in a wife is, of course, denied. Such right of action in the wife has been denied, however, even where, under such acts, it has been recognized in the husband, or where it does not appear that such right of action in the husband has been passed on or denied.”
Any change in the established rule of law in this State with 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 supreme court, above quoted, are basically sound. They are in accord with the views expressed in opinions of other courts and by text writers. If damages are to be allowed for loss of consortium the establishment of such cause of action is properly for legislative determination. Obviously in the making of any such change the term “consortium” must be specifically defined, and the incidents thereof for which damages may be allowed should be set forth. Likewise, there should be a prescribed method for computing damages. Allowing the recovery of damages on each *63item in the discretion of a jury would result in confusion and in verdicts based on sympathy and speculation. Such results may be obviated, at least to a large extent, by considered legislative action.
The creating of causes of action, and, likewise, the abolishing thereof, involve questions of policy which the legislature should determine. It may be noted in this connection that under the so-called death act of the State (CL 1948, § 691.581 et seq. [Stat Ann 1957 Cum Supp § 27.711 et seq.]), the damages that may be recovered for negligently or otherwise causing death are specified. They are limited to damages for pain and suffering by decedent, damages for medical, funeral, and hospital expenses, and such other damages as the trier of the facts may deem fair and just with reference to the pecuniary injury resulting from the death to those persons who may be entitled to such damages when recovered. Obviously, there is no room for damages based on loss of, or injury to, consortium. In the instant case if the death of plaintiff’s husband had resulted from defendant’s negligence, the type of action that she has brought would not lie.
It may also be noted that the legislature of the State by PA 1935, No 127 (CL 1948, § 551.301 et seq, [Stat Ann 1957 Rev § 25.191 et seq.]), abolished all civil causes of action for criminal conversation, seduction, and also for alienation of affections unless the defendant is a designated close relative of the plaintiff’s spouse. In other words, actions for direct invasion by affirmative means of rights of consortium, formerly recognized, do not now exist under the statute cited. The thought naturally suggests itself that for this Court to decree that such an action may be brought, based on negligent conduct resulting in impairment of rights of consortium, would be inconsistent with the legislative action. The obvious fact is that questions of public policy are involved, *64and in accordance with basic principles of government the determination thereof should be left to legislative action.
Involved also in a consideration of the problem from its various angles is the workmen’s compensation law of the State.* Assuming that the situation arises, as it has in cases in other States, where the negligence of an employer has resulted in injury to an employee and compensation has been awarded and paid in accordance with the statute, may the other spouse be permitted to maintain an action for damages for loss of consortium? In some instances, as under the statute involved in the Minnesota case above cited, specific provisions may be construed as barring such cause of action. May it be said that the Michigan statute has like effect? If not, we would have clearly involved in a plaintiff’s right to recover, if sustained in this case, a matter for legislative regulation and adjustment of legal rights.
Without discussing the situation in further detail, we think that the problem is one calling for the exercise of legislative determination. The overwhelming weight of authority at the present time is concededly opposed to allowing the instant action to be maintained. This Court should not undertake to change the settled rule of law in this State.
The judgment of the trial court should be affirmed, with costs to defendant.
Dethmers, C. J., and Kelly, J., concurred with Carr, J. Souris, J., took no part in the decision of this case.CL 1948, § 411.1 et seq., as amended (Stat Ann 1950 Rev and Stat Ann 1957 Cum Supp § 17.141 et seq.).