Conley v. Conley

The plaintiff wife brought this action to recover damages from the defendant husband for personal injuries sustained by her, caused, she alleges, by the negligence of defendant’s chauffeur, while she was riding, at defendant’s invitation, as a passenger in defendant’s automobile. A demurrer to the complaint was sustained, and, plaintiff refusing to amend, judgment went against her. She has appealed from the judgment.

The question now presented, may one spouse sue the other for a personal tort, is one of first impression in this state. In order to answer it correctly it is necessary to recall…