Latiolais v. Latiolais

HIGHTOWER, Chief Justice.

This appeal presents the sole question, novel in Texas, of whether or not one spouse may recover damages of the other by reason of a premarital tort. The parties are designated as in the trial court.

On September 16, 1958, plaintiff, Warren J. Latiolais, was riding in a pickup truck owned by plaintiff’s brother. The truck was being driven by plaintiff’s fiancee, Mardeil Newton, when it got out of control and overturned on a public highway near Henrietta, Texas. Subsequently, in 1959, the plaintiff and Mardeil Newton were married. Thereafter, September 16, 1960,…