Webster v. Snyder

• Decision Date: 07 January 1932
• Citation: 138 So. 755,103 Fla. 1131
• Parties: WEBSTER v. SNYDER.
• Court: Florida Supreme Court

138 So. 755

103 Fla. 1131

WEBSTER v. SNYDER.

Florida Supreme Court

January 7, 1932

En Banc.

Error to Circuit Court, Polk County; Harry G. Taylor, Judge.

Action by Marie Webster against Cora M. Snyder. Judgment for the defendant, and the plaintiff brings error.

Reversed.

BUFORD C.J., and TERRELL, J., dissenting.

COUNSEL Sherman T. Taylor, of Winter-Haven, for plaintiff in error.

Jackson Dupree & Cone, of Tampa, for defendant in error.

OPINION

WHITFIELD J.

The plaintiff married the defendant's son who is alleged to have negligently injured the plaintiff while acting as the defendant's servant, so as to render the defendant liable in damages under the doctrine of respondeat superior; but such marriage does not affect the cause of action which the plaintiff has against both the defendant and her son acting as defendant's servant, for damages because of the negligenct injury. The marriage of the plaintiff to the defendant's son and servant abates the plaintiff's right of action against the servant whom she married, though the marriage does not create a relation between the plaintiff and the defendant that suspends or abates the plaintiff's right of action against the defendant; nor does the marriage affect the servant's liability to his principal, who is the defendant below.

If the defendant's son and servant had been duly adjudged not guilty of the alleged negligent injury to the plaintiff, the defendant would not be liable, for the reason that, if the servant was not negligent, his principal is not liable under the doctrine of respondeat superior. Williams v. Hines, 80 Fla. 690, 86 So. 695.

The marriage of the plaintiff to the defendant's servant does not determine or affect the alleged negligence of the servant in injuring the plaintiff, so the cause of action and the right of action of the plaintiff against the defendant for her servant's alleged negligent injury to the plaintiff remains until the action is terminated.

There was judgment for defendant on the pleadings and stipulation. The plaintiff took writ of error.

Reversed.

ELLIS, BROWN, and DAVIS, JJ., concur.

DISSENTING

BUFORD C.J. (dissenting).

In this case Marie Webster sued Cora M. Snyder for damages occasioned by injury received while plaintiff was riding in the automobile of the defendant, which automobile, it is alleged, was being driven by Thomas L. Snyder, the defendant's son and servant, on the defendant's business.

The declaration was based clearly upon the doctrine of respondeat superior. At the time the accident occurred, Marie Webster was a single woman, but she thereafter, and before the time for the filing of pleas to the amended declaration, married Thomas L. Snyder, the son and servant of defendant, whose negligent handling of the automobile, as it is alleged, occasioned the injury.

The defendant pleaded the marriage of plaintiff to Thomas L. Snyder, the son and servant of defendant, in bar of the action. A demurrer was filed to the plea. The demurrer was overruled. Thereupon it was stipulated that the plea was true, and judgment was entered for the defendant.

The only question to be determined is whether or not the plaintiff, having become the wife of the servant who was responsible for the injury, can maintain the action against the employer. First, we must say whether or not the wife can maintain an action in tort against the husband. The common law in this regard has not been changed by statute in this state. At common law neither a husband nor wife can sue the other. Weeks, etc., Co. v. Elliott, 93 Me. 286, 45 A. 29, 74 Am. St. Rep. 348; Heacock v. Heacock, 108 Iowa, 540, 79 N.W. 353, 75 Am. St. Rep. 273; Dougherty v. Snyder, 15 Serg. & R. (Pa.) 84, 16 Am. Dec. 520; Heckman v. Heckman, 215 Pa. 203, 64 A. 425, 114 Am. St. Rep. 953; Dority v. Dority, 96 Tex. 215, 71 S.W. 950, 60 L. R. A. 941; Alexander v. Alexander, 85 Va. 353, 7 S.E. 335, 1 L. R. A. 125; Bennett v. Bennett, 37 W.Va. 396, 16 S.E. 638, 38 Am. St. Rep. 47; Thompson v. Thompson, 218 U.S. 611, 31 S.Ct. 111, 54 L.Ed. 1180, 30 L. R. A. (N. S.) 1153, 21 Ann. Cas. 921.

In 30 C.J. 714, the author says:

'Owing to the common law doctrine of identity of husband and wife, neither can, in the absence of statute, maintain an action in tort against the other. This rule applies to injuries both to person and to property.'

Authorities there cited substantially uphold this doctrine.

In Spector v. Weisman, 59 App. D. C. 280, 40 F.(2d) 792, the Court of Appeals of the District of Columbia said:

'The sole question raised by the appeal is whether in this jurisdiction a married woman may maintain an action against her husband for a tort committed by him upon her person before coverture, where the action is begun but not brought to judgment before the marriage of the parties.

'We agree with the ruling of the lower court that such an action cannot be maintained under our law.

'Under the common law, husband and wife were regarded as one person and neither could maintain an action against the other during coverture for a tortious injury inflicted by one upon the person of the other. 'At common law no cause of action arose in favor of either husband or wife by reason of any injury to the person or character of one committed by the other, for instance, libel or slander. This doctrine of nonliability is founded not on the inability of the one spouse to sue the other, but on the principal that husband and wife are...