BAYLIS v. BLACKWELL AND OTHERS.

[1951] 2 Lloyd's Rep. 625

KING'S BENCH DIVISION.

Before Mr. Justice McNair.

Husband and wife-Legal proceedings- Tort committed by wife before marriage -Right of husband to sue-Public policy-Plaintiff (B.), passenger in car driven by Lady T., injured in collision with lorry-B. and Lady T. subsequently married-Action brought by B. against driver and owners of lorry (first and second defendants)-Liability denied by defendants, it being further averred that collision was due to negligence of Lady T.-Lady T. (B.'s wife) joined by B. as third defendant- Plea by third defendant that if plaintiff ever had any cause of action against third defendant, such cause of action had abated in consequence of her marriage to plaintiff-Question tried as preliminary point of law-Effect of legislation upon common law rule- Married Women's Property Act, 1882, Sects. 1, 12-Law Reform (Married Women and Tortfeasors) Act, 1935, Sect. 1.