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SMITH v. SOUTHERN FARM BUREAU CASUALTY INS. CO.

No. 1156.

164 So.2d 647 (1964)

Alma SMITH, Plaintiff-Appellee, v. SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Appellant (Dovic FONTENOT, Third-Party Defendant-Appellee).

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion May 29, 1964.

Rehearing Denied June 17, 1964.

Attorney(s) appearing for the Case

Fruge & Foret, by J. Burton Foret, Ville Platte, for defendant-appellant.

Daniel J. McGee, Mamou, for plaintiff appellee.

Before TATE, SAVOY, and HOOD, JJ.

TATE, Judge.

This appeal presents us with a question never previously considered by any reported decision of a Louisiana court: Does a husband's intraspousal immunity from suit by his wife for her personal injuries caused by his negligence, prevent a tortfeasor from seeking contribution from the husband for the payment of damages to the wife caused jointly by negligence of the tortfeasor and the husband?

In the present...

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