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BRANDT v. KELLER

Gen. No. 45,433.

347 Ill. App. 18 (1952)

105 N.E.2d 796

Marjorie Brandt, Appellant, v. Joseph Keller, Appellee.

Appellate Court of Illinois.

Rehearing denied April 14, 1952.

Released for publication May 23, 1952.

Attorney(s) appearing for the Case

JOSEPH D. RYAN, and LOUIS P. MILLER, both of Chicago, for appellant.

Ross, BERCHEM & SCHWANTES, of Chicago, for appellee; JOHN C. MENK, of Chicago, of counsel.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

[1] This case involves the right of a wife to sue her husband for personal injuries sustained while a passenger in a car driven by her husband. The trial court decided against plaintiff and dismissed her suit. At common law a tort committed by one spouse against the person of the other could not give rise to a cause of action in favor of the injured spouse. This is still the law of Illinois unless...

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