Heyman v. Heyman
Court of Appeals of Georgia
Action for damages; from Richmond superior court—Judge H. C. Hammond. June 8, 1916.
1Opinion of the CourtLuke, J.
A wife filed suit against her husband, with whom she was living in lawful wedlock, to recover damages alleged to have been sustained by her by reason of the negligence of the husband-in driving his automobile while she was an occupant of the car with him. The defendant demurred on the ground that a husband is not liable in law for a negligent tort to his wife. The court overruled the demurrer, and the defendant excepts.
At common law, by marriage the husband and wife are one person in law; the legal existence of the wife is suspended during the marriage and consolidated into that of the…
2Cases cited11 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
- Brown v. BrownSupreme Court of Connecticut · 1914
- Rogers v. RogersSupreme Court of Missouri · 1915
- Wrightsville & Tennille Railroad v. VaughanCourt of Appeals of Georgia · 1911
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3Cited by50 opinions
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
- Wright v. WrightCourt of Appeals of Georgia · 1952
- Austin v. AustinMississippi Supreme Court · 1924
- Emerson v. Western Seed & Irrigation Co.Nebraska Supreme Court · 1927
- Robeson v. International Indemnity Co.Supreme Court of Georgia · 1981
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