Willott v. Willott

The question raised by this appeal is whether we should overrule a previous decision of this court (Rogers v. Rogers,265 Mo. 200, 177 S.W. 383) holding that a wife cannot maintain a civil action against her husband for a personal tort. The Circuit Court of Randolph County sitting at Huntsville sustained a demurrer to appellant's petition by which she sought to recover from respondent, her husband, damages in the sum of $10,000 for personal injuries suffered in an automobile accident. The petition as amended alleged that at a time when respondent and appellant were husband and wife they were…