Rogers v. Newby

Action by Mildred S. Rogers against Catherine Newby and husband to recover for alleged negligence of the named defendant. Trial resulted in verdict against defendants. While matter was pending on motion for new trial, the circuit judge certified to Supreme Court the question of whether F.S.A. § 708.08 relieves a husband of liability for the "pure" torts of his wife.

Question answered in the negative. A trial of issues involving the negligence of a married woman culminated in a verdict against her and her husband, although the evidence affirmatively established that he "in no way contributed to…