Benevides v. Kelly

This action of trespass on the case for negligence arose out of an accident occurring on February 11, 1956, in which the plaintiff, while a passenger in the defendant’s automobile, was injured allegedly as a result of his negligence. Subsequent to the accident the parties were married and at the time suit was instituted, January 16, 1958, were living together as husband and wife. The defendant filed a special ,plea to the plaintiff’s declaration, praying judgment primarily on the ground that he and the plaintiff were husband and wife iat the time of the bringing of the suit. The plaintiff…