Brazile v. Scott

On Motion for Rehearing.

There is no conflict whatever between the decision in this case and the decision in Whitney Hardware Co. v. McMahan, 111 Tex. 242, 231 S. W. 694; In that case it held, so plainly “that he who runs may read,” that a married woman must-respond in damages for a tort committed by her personally, in connection with her separate estate. The ground of her liability was staged to be her power and authority to- contract as to her separate property. The court held:

“The power granted by the statute to Mrs. McMahon to manage and control the store building belonging to her separate…