Tyrken v. Tyrken

Plaintiff, Pelagia Tyrken, brought this action against the administrator of the estate of her deceased husband, for personal injuries resulting from a collision between the automobile in which she was riding and a passenger train. Her complaint alleged that her husband, who was driving the automobile and was killed in the collision, was guilty of wilful and wanton acts or omissions.

Defendant filed a motion to dismiss on the ground that the action was barred by the interspousal tort immunity provision of “An Act to revise the law in relation to husband and wife” (Ill. Rev. Stat. 1973, ch. 68,…