Killingsworth v. Keen

Citations

• 89 Wash. 597
• 154 P. 1096
• 1916 Wash. LEXIS 732

Syllabus

<p>Husband and Wife — Touts of Wife — Liability of Community. Neither the husband nor the community is liable for the tortious act of the wife in taking and damaging an automobile, in view of Rem. & Bal. Code, § 5929, providing that, for all injuries committed by a married woman, damages may be recovered from her alone, and her husband shall not be responsible except where he would be jointly responsible with her if the marriage did hot exist.</p> <p>Same. In such a case, it is immaterial that the injured party might waive the tort and sue as upon implied contract, where the wife’s act was a tort to begin with.</p> <p>Same — Torts of Wife — Actions—Pleading—Waiver, In an action for the wife’s tort in taking and damaging an automobile, the allegation that the taking was for the “benefit of the marital community,” is insufficient, as against demurrer, to plead the defendant’s acquiescence or authorization, or to overcome the presumption that it was not for the benefit of the community, no sustaining facts being pleaded.</p>