Wait v. Pierce and another, and Wait, imp.

Summary

The court held that Wisconsin's 1881 statute authorizes a married woman to sue her husband for personal or character injuries caused by his tortious conduct. It construed the statute according to its broad, ordinary language and legislative history, rejecting the argument that public policy or the common law required an unstated marital exception. The court reversed the order sustaining the demurrer and remanded for further proceedings. Eschweiler, J., dissenting, would have preserved the common-law rule barring tort actions between spouses absent a clear legislative declaration.