Boutell v. Shellaberger
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The husband can only be jointly held with his wife, for the simple or personal torts of the wife. Merrill v. St. Louis, 83 Mo. 244; Flesh v. Lindsay, 115 Mo. 1; Writ v. Dinan, 44 Mo. App. 589; Bruce v. Bombeck, 79 Mo.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The husband can only be jointly held with his wife, for the simple or personal torts of the wife. Merrill v. St. Louis, 83 Mo. 244; Flesh v. Lindsay, 115 Mo. 1; Writ v. Dinan, 44 Mo. App. 589; Bruce v. Bombeck, 79 Mo. App. 231; Rowe v. Smith, 45 N. Y. 230; Ball v. Bennett, 21 Ind. 427; Mahoney v. Roberts, 86 Ark. 130; Roberts v. Lisenbee, 86 N. C. 136; Woodmen v. Barnes, 46 Vt. 332; Keen v. Hartman, 48 Pa. St. 497; Komisky v. Goldberg, 44 Ark. 401; Wolf v. Lozier, 68 N. J. L. 103; Kowing v. Manly, 49 N. Y. 198; Schuler v.…
1Opinion of the Court
BLAIR, J
Husband for Torts of wife,
Respondent lived with her minor son in an apartment house in Kansas City, and the son was injured by the alleged negligence of the °PeraYr of an elevator maintained in the building by the owner for the use of the occupants. Appellant’s wife owned the building. Under our statute it was her statutory separate property, having been acquired in 1899, and was leased and managed by her, through her agent, independently of her husband.
This action for damages was begun against appellant and his wife. No service having been had upon thé wife the case proceeded to…
2Cases cited7 opinions
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Quilty v. . BattieNew York Court of Appeals · 1892
- Rowe v. . SmithNew York Court of Appeals · 1871
- Taylor v. PullenSupreme Court of Missouri · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Christensen v. McCann Et Ux.Wyoming Supreme Court · 1929
- Curtis v. AshworthSupreme Court of Georgia · 1928
- Wolf v. KeagySuperior Court of Delaware · 1927
- Foster v. IngleTennessee Supreme Court · 1922
- Leros v. ParkerWest Virginia Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.