246 S.W.2d 457 | Ky. Ct. App. | 1952
Ruth Good Bryant and Joe Bryant were married on February 18, 1949. On October 23, 1948, Mrs. Bryant was injured while riding in an automobile being driven by Joe Bryant. In March, 1950, Mrs. Bryant filed an action against Joe Bryant seeking to recover for her injuries sustained in the automobile wreck in October, 1948. In his answer to the petition as amended Joe Bryant set up a plea of limitation. He set forth also that at the time of the commencement of the action he and the plaintiff were living together as husband and wife, and that as a result thereof Mrs. Bryant had no cause of action against him. In her reply Mrs. Bryant stated that, between November 1948 and March 1949, Joe Bryant promised to pay her medical expenses and make a settlement with her for her injuries. She said that she relied upon the promises made her until April 8th, 1949, when she again requested payment. The reply set forth further that: “ * * * She states that on or about April 20, 1949, she was notified by the defendant that such payments and reimbursements was declined and payment refused for the same by defendant.”
The action was concluded by the trial judge sustaining a demurrer to the petition, which was dismissed after Mrs. Bryant declined to plead further. We are asked to reverse the judgment on the grounds that (1) the petition stated a good cause of action; and (2) the plea'of limitation was not good because of the alleged promises for settlement.
Since we are of the opinion that the plea of limitation was good, we shall confine
Judgment affirmed.