Curtis v. Ashworth

Are a husband and his wife jointly liable in this State for her independent tort, committed by the wife in negligently driving and operating an automobile, not in the business of the husband, but without his consent, command, or participation; there being no allegation in the petition brought by the injured party against both the husband and wife, to recover damages, that the automobile belonged to the husband, and the alleged liability of the husband being based solefy upon the ground of his marital relation? He was so liable by the common law. Smith v. Taylor, 11 Ga. 20, 22; 30 C. J. 786, §…