NICE LEGAL POINT

Hawke's Bay Herald-Tribune, Issue 184, 21 August 1937, Page 4

NICE LEGAL POINT

• Presa Association.l

Can Woman Sue Husband for Accident Damages? UNIQUE PR0BLEM

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INVERCARGILL, Last Night. A question of importanco was argued in the Supreme Court this morning before Mr. Justice Kennedy in tfie first case of its kind to come before the Supreme Court in New Zealand since the passing of the Law Reform Act, 1936. The case an.? from p, collision between two motor cars. Alice Maxide Walsh was a passeiiger in one car driven by. her husband, and Cyril Neville Fairweather was the driver of the other car, An action for damages by Mrs Walsh against Fairbrother is pending. Legal argument was heard by hxs Ilonour whether a third party could be joined as a contributing party, in the event of Mrs. Walsh obtaining damages against defendant. Mr. M. M. MacDonald, counsel for the defendant Fairweather, said his wife, who was a passenger in the car driven by her husband, was elaiming damages from his client. Defendant sought to join the husband as contributing to the accident so that should the plaintiff, Mrs. Walsh, obtain damages against the defendant, the latter could claim a eontribution towards those damages from the husband. Counsel submitted that the wprnan '§ right to compensation for injuries constituted property. He quoted a recent English decision as an huthority for the proposition that a married woindn's expectancy of life was (property. Hq submitted that the trend of the law now was to regard man axid wife as separato entities, and some consideration had been given to that view in modern legislation, Mr. J. C. Prain, who appeared for the plaintiff, Mrs. Walsh, submitted that under the Married Women 's Property Act, 1908, as amended by the Law! Reform Aet, 1936, a wife could not sue her husband for damages sustained in a collision (in this instaxjce) and' "consequently- under the Law Reform Act, there was 110 right of eontribution between tho defenclant &at( the husband as tho third party, ' , Commenting that tho question was a most important one, his Honour said ho would take time to consider his judgment.