Legal Opinion · Dissent

Bernhart v. Peebles

Supreme Court of Florida

Decided July 20, 1943Published

1DissentChapman, J.

The question here presented is whether or not the husband may join in one action under Section 4226 C.G.L., a claim for damages to his property with his wife’s action for damages for her personal injuries. In the case of Walker v. Smith, 119 Fla. 430, 161 So. 551, we held that the husband could not recover damages to his property in the same action with his wife where she sought to recover damages for personal injuries sustained. Justice BROWN filed a dissenting opinion on the controverted point.

The case of Mansfield v. King, 142 Fla. 650, 195 So. 700, involved the identical question and we…

2Cases cited3 opinions

  1. Walker, Et Vir. v. Smith, Eat Al.Supreme Court of Florida · 1935
  2. Mansfield v. KingSupreme Court of Florida · 1940
  3. Bloomhuff v. the Miami Jockey Club, Inc.Supreme Court of Florida · 1942

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