Hess v. Heft

Citations

• 3 Pa. Super. 582
• 1897 Pa. Super. LEXIS 62

Syllabus

<p>Husband and wife — Tort—Wife not liable when sub potestale viri.</p> <p>The common law liability of the husband for the tort of the wife remains without statutory modifications. For a tort committed by his direction, he alone is liable.</p> <p>Husband and wife — Tort of wife the tort of the husband.</p> <p>Where the uncontradicted evidence in an action for false arrest shows that the husband and wife together made the complaint on which the plaintiff was arrested, and that at every point at which the wife acted in the prosecution the husband was present, it presumably follows that the tort in which the wife was engaged was in law the tort of the husband, for which he alone is liable.</p> <p>Actions — Malicious prosecution — False imprisonment.</p> <p>In practice, the distinction between the torts, malicious prosecution and false imprisonment, is abolished by the procedure act of 1887.</p>