Martin v. Gurley

Head, Justice.

“Every person may recover for torts committed to himself, his wife, his child, his ward, or his servant.” Code, § 105-107. The above section of the Code is a declaration of the common law. See Bell v. Central Railroad, 73 Ga. 520; Frazier v. Ga. R. & Bkg. Co., 101 Ga. 70 (28 S. E. 684). Prior to the Code of 1895, the section which is now § 53-511 was a statement of the common-law rule that only the husband could sue for a tort to the wife. In City of Atlanta v. Dorsey, 73 Ga. 479, it was held that under the Married Woman’s Act (Code, § 53-502) the wife could recover for a tort…