The Bismarck Tribune Newspaper, December 10, 1931, Page 12

Supreme Court to Decide Whether —_ [te seth tina's "nc verde t—“Tstherville > 1c) im 1e! t p i e or ie a new tral basing the motion 1 Estherville Wit Can 5 H H b: d T on the grounds that under the law a wife it her husband f e Can Sue Her Husband on 1 ort ris corre se me musand rt the plaintiff was guilty of contribu- By MRS. ROY LITTLE Appeal Renville Jury Presents In-_ tricate Problem of $5,437 Verdict By|sue ner husband for a tort, while oth-| tory negligence which contributed to ers have inclined to the opposite view. | the accident. A tort is defined in law as any pri-| Judge Kneeshaw held that the vate or civil wrong by act or omission | Westion of contriblitory negligence giving rise to a remedy which is not |ad been fully submitted to the jury and that they foun dby their verdict whether a wife can sue her hus-| Counsel for the husband claim that| the plaintiff was not guilty of con-/ and for damages arising out of in- |the wife cannot maintain the action tributory negligence. | juries received in an automobile acci- ; against her husband under the laws Gent is to be determined by the North|Of the state of North Dakota “as Dakota supreme court. An appeal has been taken to the the state of North Dakota for the supreme court by Thomas Fitzmaurice | Wife to ae pe epee for abated against whom his wife, Mary, was;caused by his negligence occur! aearded » verdict of $5437 by a jury |during the time when both plaintiff |COUntY September 29, 1930. The hus- in Renville county district court. Judge W. J. Kneeshaw, who pre-/| an action of.contrct, there is no authority in the law of Jand defendant were husband and Mrs. Fitzmaurice brought suit for $15,000 against her husband, as the result of injuries suffered by her when the car in which she and Mr. Fitzmaurice were riding collided with | a train at Forfar in Bottineau) band was driving, and Mrs. Fitzmau- wife.” rice charged he “carelessly and negli- ‘ failed to observe the approach sided at the trial in district court, in| It hag been held that a wife can. |sently Tolle an opinion denying a motion of Fitz- not sue her husband for a tort in the of a train.” Mrs. Fitzmaurice suffered maurice’s attorneys for dismissal of | States of California, Georgia, Tlinois, the case, stated that “there was noth-|I1owa, Kansas, Kentucky, Maine, ing transpired in the case that in any|Maryland, Massachusetts, Michigan, way indicated that the defendant was| Minnesota, Missouri, Nebraska, New protected by a policy of insurance; I| Jersey, New York, Ohio, Rhode Is- | @———-————————— ‘am satisfied, however, that the jury|land, Tennessee, Virginia, Washing- in some way got on to that fact out-|ton and in the federal courts, ac- side of the court, as it is actually a|cording to a memorandum by Judge injuries about the head, shoulders, back and spine. o {| omer! By 0. DUTTON fact, although not in the case, that|Kneeshaw. In Alabama, Arkansas} 44, ang mrs. Richard Da: | ‘ ; . y_ visited | the defendant was protected by in-|Connecticut, New Hampshire, North) + tie ¢. p, Kimball home Tuesday.| surance.” Is Intricate Problem Carolina, Oklahoma, South Carolina and Wisconsin, however, the courts Mr. and Mrs. Melvin Thorsen and/ Mrs. Emil Enochson and son of Mof- ‘The case presents an unusually in-|have held that a wife has a right to/7)" ere Tuesday visitors at the E.| tricate problem which has been ruled |sue her husband for a tort. on by numerous state and federal Moved For Judgment M. Whitteaker home. Mrs. Henry Crawford visited with} courts. In some courts, it has been| Following the jury's verdict award-| ¢,j veek= Held that the wife has’ the right toling Mrs. Fitzmaurice damages against | 7iends In Bismarck over the week TEXAS GIRL IS FLIER’S BRIDE A brunet from San Antonio, Tex., formerly Kathleen McManus (left), has become the bride of Lieut. Lester J. Maitland (right), who In 1 flew with Lieut. A. J. Hegenberger from the United States to + | home. Associated Press Photo Mrs. Jule Doan called Thursday morning at the Emmet Wisehart! Mr. and Mrs. George Kuntz and son Si called on Mr. and Mrs. R. T. Lyman Wednesday. Mr. and Mrs. Henry Crawford and} Mr. and Mrs. Clark Crawford were end with his family in Brittin, + |business callers in Mandan Friday. | Frank King, Jr., was a caller at the Miss Lucile Milman was a week-| Dutton home Saturday morning. end visitor with friends in Bismarck.) Mrs. M. M. Dralle and Mrs. O. U. M. M. Dralle and son Dutch sliop-| Dutton were Saturday callers at the ped in Moffit Friday. Miss Lillian Lee spent the week- end at the Day home. Mrs. O. U. Dutton and daughter} Rebecca dined at the Dralle hdme Jack dined Thursday at the Emmet Saturday. Mr. and Mrs. C. D. Kimball and ‘The Brittin Homemakers club held their regular meeting Thursday at the home of Mrs. Emmet Wisehart. | Nine members and several visitors were present. The next mecting will be at the home of Mis. Homer An- drews Jan, 21. A. E. Dutton of south of Moffit visited several days last week with relatives at the A. D. Welch and O. U. Dutton homes. Mr. and Mrs. George Day «fd Bill McDonald motored to Bismarck Wed- nesday. | Miss Twila Dralle spent Thursday night at the E. M, Whitteaker ome.’ a few days i Rodney Allensworth spent Friday| Mary Clowes, 21, of New le, Pa., who offered t f and Mrs. ‘ry Davenport ani night with the Dutton children re rues anyone we Cecil Elkins, George Mowder, Ole and Joe Wold dressed turkeys at the Earl Mowder home Tuesday. ‘Olaf Wold called at the Roy Little ‘| home Tuesday. itcag Orlo Johnson, Joe Wold and Gene Little sbent Tuesday evening at the Strand home. Mrs. 8, L, Jordahl, Orlo Johnson, and Roy Little motored to Bismarck Wednesday morning, where Mrs. Jor- dahl and Mr. Little were called as jurors for the December term of court. Mrs, -Art Strand and Mrs. John Carlson attended the Canfiéld Home- makers’ club meeting at the Howard Watkins home Tuesday. * The Canfield ladies’ aid met at the Roy Little home Wednesday after- noon. Ten members and several ‘visi- tors were present. The next meeting will be at the Harry Davenport home. Mr. and Mrs, Harry Davenport and. Ruth Wilmot were Regan shoppers ‘Wednesday afternoon. | Mr, and Mrs. Frank Michelsen and Buster Schilling were Wednesday evening visitors at the Ole Wold home. + Several from here attended funeral services for Mrs, Orrin Danielson, which were held at the Pentecostal church in Regan Thursday afternoon. Mrs. Art Strand attended the bridge club at the Anna Strand home ‘Wednesday evening. Orlo Johnson, Joe Wold and Gene Little practiced their play for the P. T. A. Friday afternoon at the school house. Mrs, Sarah Mowder visited with Mrs. Roy Little Friday afternoon. Norman Little delivered some cattle in Regan Friday afternoon for Fritz Uhde. y Harry Davenport accompanied two carloads of cattle to the St. Paul mar- ket Saturday for Fred McFadden of ‘Wilton, He will visit relatives there for a few days. | would give $10,000 to support her aged parents, is shown here scanning! Ruth Wilmot were Friday evening urday. |W. S. Triplett home. home of his uncle, Elvin Hoover | Wisehart home. daughter visited at the John Craw- ford home im Missouri township Sat-!a doctor. Harry Blount visited over the week- Ammon Pifer visited Sunday at the Mr. and Mrs. Orin Dutton and son home near Hazelton. THATA GIBL! nN A hydraulic ram has served J. Wil. some of the 84 proposals she has received since her offer was publishea. Merit at the L. Jorgensen home near Several from here attended P. T. A. Sunday. Mrs. Whitteaker consulted / at Canfield school house Friday night; Gudrun Jordahi, who teaches in Mr. and Mrs. Richard Day were/Estherville, spent the week-end at her | Sunday visitors “at the Matheney|home in Canfield township. Grace Francis spent Sunday after- noon with Mollie and Hazel Wold. ‘The farmers’ shipping association Austin, Tex.— University of Texas shipped two carloads of stock to St. leo-eds are good sports, their boy|Paul Tuesday. 5. L. Jordahl accom- friends all agree. Isabel Abdou,|Panied the stock. i president of women’s organizations at . the College of Mines, is in favor of a moratorium on taxes for college dances this year and is confident the} marck) will custom dress your | girls will vote for it, thereby saving| turkeys FREE. Get in touch Mr. and Mrs. M. M. Dralle and their boy friends taxi fare. Mr. and Mrs. Richard Day and Miss| family visited Sunday at the Harry) Lillian Lee were Saturday night) Blount home. Armour Creameries (Bis- with them quick, sell them your home dressed turkeys and ‘Associated Press Photo After paying .$12,000,000 at the time of his divorce, Coty, noted French perfume manu- facturer, faces the prospect of hav- his former wife an addi- as compensation for her share in’ bullding up the business. A Paris court issued the order. 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