Tuttle v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Polk District Court. Plaintefp, who is a married woman, brought this action to recover for personal injuries sustained through the negligence of defendant’s servants, while she was a passenger in one of its cars. There was a verdict and judgment for plain tiff. Defendant appeals. The husband is liable for the torts of the wife.
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Appeal from Polk District Court. Plaintefp, who is a married woman, brought this action to recover for personal injuries sustained through the negligence of defendant’s servants, while she was a passenger in one of its cars. There was a verdict and judgment for plain tiff. Defendant appeals. The husband is liable for the torts of the wife. ('McElfresh, v. Kirkendall, 36 Iowa, 224; Luse v. Oaks, Id., 562.) The husband is a'necessary party with' the wife in an action for the slander of the wife. (Endersv. Beck, 18 Iowa, 86; Rogers v. Smith, 17 Ind., 323.) At common law both husband and wife…
1Opinion of the CourtBeck, J.
I. The questions presented in the case, to which we shall devote attention, involve the rights of husband and' wife in an action for pei’sonal. injuries sustained by the latter, and the consideration of the effect of certain statutes pertaining thereto.
1. HUSBAND and wife action: tort, We understand counsel for defendant to insist that, in an action of this character, the wife cannot sue alone but must join with her husband. The position is based upon Sec. 11, Chap. 167, Acts Thirteenth General Assembly, which is in these words: “ A married woman may, in all cases, sue and be sued without…
2Cases cited3 opinions
- McElfresh v. KirkendallSupreme Court of Iowa · 1873
- Grant v. GreenSupreme Court of Iowa · 1875
- Pancoast v. BurnellSupreme Court of Iowa · 1871
3Cited by16 opinions
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
- Bailey v. City of CentervilleSupreme Court of Iowa · 1899
- Hall v. Incorporated Town of MansonSupreme Court of Iowa · 1894
- Jacobson v. FullertonSupreme Court of Iowa · 1917
- Mowry v. ChaneySupreme Court of Iowa · 1876
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