Young v. Newsome
Supreme Court of North Carolina
Appeal by defendant from Long, J., at tbe March Term, 1920, of Forsyth. This is an action to recover damages for slander against two defendants, who are husband and wife and living together.
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Appeal by defendant from Long, J., at tbe March Term, 1920, of Forsyth. This is an action to recover damages for slander against two defendants, who are husband and wife and living together. The jury returned the following verdict: “1. Did the defendant, Sarah Newsome speak of and concerning the plaintiff, M. L. Young, the words in substance, as alleged in the complaint? Answer: ‘Yes/ “2. If so, what amount of compensatory damage is the plaintiff entitled to recover of the defendants, Sarah Newsome and J. "W. Newsome? Answer: ‘Six hundred and fifty dollars ($650)/ ” His Honor held that the…
1Opinion of the CourtAlleN, J.
At common law the husband was liable for the tort of his wife, although committed without his knowledge or consent and in his absence, and although living separate at the time, on the ground that “as her legal existence was incorporated in that of her husband, she *316could not be sued 'alone, and if tbe busband was protected from responsibility tbe injured party would be without redress.” Roberts v. Lisenbee, 86 N. C., 136.
Tbis principle was modified by tbe act of 1871-2 (Rev., 2105), so tbat tbe busband could only be beld liable for torts committed while tbe busband was living with tbe wife,…
2Cases cited1 opinion
- Roberts v. . LisenbeeSupreme Court of North Carolina · 1882
3Cited by1 opinion
- Miller v. JonesSupreme Court of North Carolina · 1966