Graham v. Franco

GREENHILL, Chief Justice.

The writ of error was granted in this case to pass upon the constitutionality of a statute which provides: “The recovery awarded for personal injuries sustained by either spouse during marriage shall be the separate property of that spouse except for any recovery for loss of earning capacity during marriage.” 1 We hold that the statute, as construed, is constitutional. We also hold that the acts of negligence of the husband as found by the jury are not imputed to the wife so as to bar her recovery.

This action arises out of a rear end collision. The car in which the…