Damm v. Elyria Lodge No. 465, Benevolent Protective Order of Elks

The question presented is stated by the plaintiff as follows:

“May the wife of a deceased member of a voluntary unincorporated association maintain an action in tort against the association for a tort committed against her during her husband’s lifetime?”

It is the position of the defendants that a so-called “group suit” for tort cannot be maintained against a voluntary unincorporated association unless all members are included and that a wife cannot maintain an action in tort against her husband.

In the consideration of the defendants ’ first proposition, it is to be noted that the petition sets…