Brandt v. Keller

This case involves the right of a wife to sue her husband for personal injuries sustained while a passenger in a car driven by her husband. The trial court decided against plaintiff and dismissed her suit. At common law a tort committed by one spouse against the person of the other could not give rise to a cause of action in favor of the injured spouse. This is still the law of Illinois unless the rule has been changed by the Married Women’s Act of 1874 (Ill. Rev. Stat. chap. 68, secs. 1-21, inclusive) [Jones Ill. Stats. Ann. 64.01, 64.21].

Plaintiff relies on that Act. Her counsel concede…