SMITH v. SMITH


240 Pa.Super. 97 (1976)

Smith, Appellant, v. Smith.

Superior Court of Pennsylvania.

April 22, 1976.


Attorney(s) appearing for the Case

Seymour Kanter, and Kanter, Bernstein & Miller, for appellant.

Edward R. Paul, James M. Marsh, and LaBrum and Doak, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY VAN DER VOORT, J., April 22, 1976:

Again we are asked to reconsider the doctrine of interspousal immunity from tort action. In this case, appellant, a passenger in appellee's car, was injured when the automobile which appellee was driving allegedly left the road and ran into a tree. At the time of this happening, the parties were not married. Subsequently they did marry and thereafter appellant filed a complaint in trespass against her husband. Appellee...

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