McWhirter v. Fuller
California Court of Appeal
The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an action for damages for personal injuries and damage to personal property arising out of a collision between an automobile owned and driven by plaintiff and one owned by appellant, George P. Fuller, but driven by his wife, the defendant May A. L. Fuller.
Under the terms of section 171a of the Civil Code a husband is not liable for the torts of his wife “except in cases where he would be jointly liable with her if the marriage did not exist.” It is not here claimed that the appellant kept this ear for the use of his wife, and that at the time of the accident it was being…
2Cases cited7 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Birch v. AbercrombieWashington Supreme Court · 1913
- Kayser v. Van NestSupreme Court of Minnesota · 1914
- Edgeworth v. WoodSupreme Court of New Jersey · 1896
- Marshall v. TaylorMissouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Blank v. CoffinCalifornia Supreme Court · 1942
- Hicks v. ReisCalifornia Supreme Court · 1943
- Randolph v. HuntCalifornia Court of Appeal · 1919
- Kruse v. White BrothersCalifornia Court of Appeal · 1927
- Perry v. McLaughlinCalifornia Supreme Court · 1931
37 more not listed; retrieve them via the Exa API.