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KING v. GATES

No. 161.

57 S.E.2d 765 (1950)

231 N.C. 537

KING v. GATES et al.

Supreme Court of North Carolina.

March 8, 1950.

Attorney(s) appearing for the Case

Spruill & Spruill, Rocky Mount, for defendant-appellant Stanley W. Calder.

Allsbrook & Benton, Roanoke Rapids, for plaintiff-appellee.

Battle, Winslow & Merrell, Rocky Mount, for defendant-appellee Walter Gates.

DEVIN, Justice.

The appeal by defendant Calder from the judgment below overruling his demurrer to the complaint presents for determination the question whether now in this jurisdiction a wife may maintain an action for damages for injuries to her person caused by the negligence of her husband.

Prior to 1868 in North Carolina a married woman was not sui juris and was incapable of maintaining an action without the joinder of her husband, Roberts v. Roberts,...

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