Brown v. Gosser

COMBS, Justice.

The question in this case is whether a wife may maintain against her husband an action for a tort committed against her person prior to marriage, her suit having been commenced prior to marriage.

The plaintiff, Mary Gosser, was injured in an automobile driven by her prospective husband in May, 1950. Suit was filed the following July 14 and summons was served on the defendant the same day. The parties were married two or three hours later and were living together as husband and wife at the time of trial. The jury returned a verdict for plaintiff in the amount of $1300 and from…