Schuler v. Henry
Supreme Court of Colorado
Appeal from the County Court of San Miguel County. Hon. J. M. Wardlaw, Judge. Action by L. Henry against L. Schuler, Mrs. L. Schuler, G. C. Collins, Mrs. G. C. Collins, Joe Gontier and Mrs. Joe Gontier. From a judgment for plaintiff, defendants appeal. Decision en banc, Mr. Justice Gabbert and Mr. Justice Maxwell dissenting, and Mr. Justice Helm not participating.
1Opinion of the CourtChief Justice Steele
The record presented requires us to determine this question: Is a husband liable for the tort of his wife, committed during • coverture and without his presence, and in which he in no manner participated?
The rule of the common law which makes the husband liable for the torts of his wife has not been expressly repealed, and unless it has been repealed by implication, the question must be answered in the affirmative. In determining whether the rule of the common law has been abrogated by the enactments concerning’ married women or is still in force, it will be necessary to briefly consider the…
2Cases cited17 opinions
- Zeliff v. JenningsTexas Supreme Court · 1884
- Fitzgerald v. . QuannNew York Court of Appeals · 1888
- Martin v. RobsonIllinois Supreme Court · 1872
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- McElfresh v. KirkendallSupreme Court of Iowa · 1873
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3Cited by20 opinions
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- Curtis v. AshworthSupreme Court of Georgia · 1928
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