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Keywords

plaintiffdefendantdamagesnegligencestatutepleasustainedoverruledcommon law

plaintiffdefendantdamagesnegligencestatutesustainedoverruledcommon law

Related Cases

Oken v. Oken, 44 R.I. 291, 117 A. 357

Facts

Evelyn Oken filed a negligence action against her husband, Isidore Oken, claiming that he negligently operated his automobile, resulting in severe permanent injuries to her. The defendant filed a plea in bar, asserting that since they were married and living together at the time of the accident, the plaintiff could not maintain the action. The superior court overruled the plaintiff's demurrer to this plea, leading her to bring the case to the higher court on exceptions.

The plaintiff alleges that the defendant so negligently operated his automobile that it ran into her and caused her severe permanent injuries.

Issue

Can a wife maintain an action of trespass on the case for negligence against her husband, to recover damages from him on account of injuries sustained by her by reason of his negligence, when she was living with him at the time she was injured and at the time of the commencement of the action?

Rule

Under common law, a wife could not maintain an action against her husband for personal injuries caused by his negligence. The court examined whether any statute in the state provided a married woman with the right to sue her husband for such injuries.

It is admitted by the plaintiff that under the common law the wife could not maintain such an action against her husband.

Analysis

The court analyzed the statutory changes regarding the property rights of married women and found no express or implied authority allowing a wife to sue her husband for negligence. The court emphasized that any significant alteration to the common law regarding the rights and liabilities of married persons would require a clear legislative enactment rather than judicial interpretation.

The court has carefully considered the statute law of this state relating to the property rights of married women, and finds therein no authority, express or implied, authorizing a married woman to sue her husband for damages for personal injuries caused by his negligence.

Conclusion

The court overruled the plaintiff's exception and remitted the case to the superior court for further proceedings, affirming that a wife cannot sue her husband for negligence under the current law.

The plaintiff's exception is overruled, and the case is remitted to the superior court for further proceedings.

Who won?

Isidore J. Oken prevailed in the case because the court upheld the common law principle that a wife cannot sue her husband for negligence, and found no statutory authority to allow such an action.

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