Cramer v. Cramer

AREND, Justice.

This case presents a question of first impression in this court: May a woman sue her former husband for a personal tort committed while the parties were lawfully married and living together as husband and wife?

The wife, who appears here as the appellant, alleges in her complaint that she was injured on June 4, 1961, in a collision between an automobile driven by Joseph Martin Cramer, the appellee, and one driven by a third party. She was a passenger asleep in the back seat of the appellee’s car at the time of the accident. She claims that the collision and her injuries were…