Rains v. Rains

Leona Neveu Rains, referred to herein as the plaintiff, recovered judgment against her husband, Glen A. Rains, referred to herein as the defendant, for damages for injuries sustained in an automobile accident caused by his negligence. He seeks a reversal of the judgment.

1. The first assignment raises the question whether a wife may sue her husband for a tortious wrong against her person.

We have adopted the common law of England so far as it is applicable and is of a general nature and has not been altered by legislation. C. L. §6516. At common law the legal existence of the wife was merg'ed…