
    Moore, Appellant, vs. Moore, Respondent.
    
      March 10
    
    November 9, 1926.
    
    This case is ruled by Wait v. Pierce, ante, p. 202.
    Appeal from' an order of the 'circuit court for Milwaukee county: Otto H. Breidenbach, Circuit Judge.
    
      Reversed.
    
    Personal injury. The plaintiff and defendant are wife and husband. The plaintiff while riding in the defendant’s car driven by him sustained injuries which she alleges were caused by the husband’s negligence. The defendant demurred to the complaint for the reason that the action could not be maintained by the wife against her husband, and from an order sustaining the demurrer the plaintiff appeals.
    For the appellant the cause was submitted on the brief of J. Elmer Lehr of Milwaukee.
    For the respondent there was a brief by Quarles, Spence & Quarles, attorneys, and Leroy J. Burlingame, of counsel, and oral argument by Arthur B. Doe, all of Milwaukee.
   Rosenberry, J.

For the reasons stated in Wait v. Pierce, ante, p. 202, 209 N. W. 475, 210 N. W. 822, the trial court was in error in holding that the wife could not maintain an. action against her husband for injuries done to her person. Consequently the order sustaining the demurrer must be reversed.

By the Cotirt. — The order appealed from is reversed, and cause remanded for further proceedings according to law.

Eschweiler, J., Vinje, C. J., and Doerfler, J., dissent.  