Harkness v. Louisiana & N. W. R.

Citations

• 110 La. 822
• 34 So. 791
• 1903 La. LEXIS 711

Syllabus

<p>MARRIED WOMAN — PERSONAL INJURIES — ACTION — PARTIES—RES JUDICATA.</p> <p>1. Since the amendment of article 2402 of the Oivil Code by Act No. 68, p. 95, of 1902, suits to recover damages for personal injuries suffered by a married woman, living under the rSgime of the community, should be brought by her, with the usual authorization of her husband, or the court, in her own name for her own separate use and benefit.</p> <p>2. But where the suit is brought by the husband, in his name, under allegations that show the object is to recover damages for personal' injuries inflicted on the wife, and no want of capacity in the husband to sue is seasonably raised, a judgment may properly be rendered for damages, and when rendered the same will' be the property of the wife.</p> <p>3. The wife not only made no objection to the suit being brought as it was brought, but appeared and testified at the trial, actively assisting in the prosecution of the case. Under such circumstances no apprehension need he felt by defendant that the judgment may not be res judicata against her.</p> <p>(Syllabus by the Court.)</p>