Brawner v. Brawner

STORCKMAN, Judge.

This is an action by a husband against his wife to recover damages in the sum of $30,000 for personal injuries alleged to Lave been caused by the negligence of the wife in the operation of her automobile.The trial court dismissed plaintiff’s petition holding that the plaintiff husband could not maintain an action against his wife for a personal tort. The plaintiff has appealed.

The parties are and were at the time of the alleged injuries husband and wife, having been married for more than forty-seven years. The negligence charged is that the defendant failed to set the brakes…