Robeson v. International Indemnity Co.

Biblical incantations notwithstanding, the, doctrine- of interspousal immunity has been abandoned by an overwhelming majority of jurisdiction “with the unanimous approval of legal writers.” Prosser, Handbook of the Law of Torts (4th Ed.), § 122, p. 864. In my view, this court has passed up a golden opportunity to lay to rest an antiquated and thoroughly discredited common law rule.

The doctrine of interspousal immunity stems from the common law notion that “a husband and wife [are], in legal fiction, one and the same person.” Taylor v. Vezzani, 109 Ga. App. 167 (1) (135 SE2d 522) (1964). This…