Texarkana Telephone Co. v. Burge

(after stating the facts as above) The appellant contends that the husband may not sue to recover damages for personal injuries to his wife, because under the present law such damages are the separate property of the wife. Article 1839 (Vernon’s Say les’ Stat.) provides that:

“The husband may sue either alone or jointly with his wife for the recovery of any separate property of the wife; and, in case he fail or neglect so to do, she may, by the authority of the court, sue for such property in her own name.” :

The effect of this statute is to constitute the husband the legal agent of the wife in…