RUBALCAVA v. GISSEMAN

No. 9822.

14 Utah 2d 344 (1963)

384 P.2d 389

LYDIA RUBALCAVA, PLAINTIFF AND RESPONDENT, v. RUBY L. GISSEMAN, ADMINISTRATRIX OF THE ESTATE OF THEODORE RUBALCAVA, DECEASED, DEFENDANT AND APPELLANT, UNION PACIFIC RAILROAD, A CORPORATION, DEFENDANT.

Supreme Court of Utah.

August 12, 1963.


Attorney(s) appearing for the Case

Skeen, Worsley, Snow & Christensen, Salt Lake City, for appellant.

Elton & Moore, Salt Lake City, for respondent.


CROCKETT, Justice.

Plaintiff Lydia Rubalcava sues the Union Pacific Railroad and the estate of her husband, Theodore Rubalcava, for injuries she suffered in an auto-train collision which occurred at about 2 a.m., November 12, 1961, in the 1600 West block in Salt Lake City, and in which her husband as driver was killed.

Defendant estate moved to dismiss on the ground that a wife cannot maintain a tort action against her husband (or his estate). From a denial...

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