Legal Opinion

Leach v. Leach

Supreme Court of Arkansas

Decided March 25, 1957No. 5-1235PublishedCited by 46 opinions

1Opinion of the CourtGeorge Rose Smith, J.

This case presents a question that is novel in this state and very nearly so in the United States: Can a husband maintain a suit against his wife for damages due to her negligence? The appellant’s complaint, as supplemented by a stipulation, alleges that on August 9, 1956, he was the owner of a pick-up truck and a Ford sedan. As Leach was driving the truck on a county road he collided with his wife, who was driving the sedan in the opposite direction. It is asserted that Mrs. Leach was driving on the wrong side of the road and at an excessive speed. The trial court sustained a demurrer to the…

2Cases cited4 opinions

  1. Fitzpatrick v. OwensSupreme Court of Arkansas · 1916
  2. Katzenberg v. KatzenbergSupreme Court of Arkansas · 1931
  3. Fehr v. General Accident Fire & Life Assurance Corp.Wisconsin Supreme Court · 1944
  4. Scholtens v. ScholtensSupreme Court of North Carolina · 1949

3Cited by46 opinions

  1. Boblitz v. BoblitzCourt of Appeals of Maryland · 1983
  2. Coffindaffer v. CoffindafferWest Virginia Supreme Court · 1978
  3. Mosier v. CarneyMichigan Supreme Court · 1965
  4. Shook v. CrabbSupreme Court of Iowa · 1979
  5. Raisen v. RaisenSupreme Court of Florida · 1979

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