court also commented that the law might well be amended so as to cover factual situations such as existed in the proceeding. The legislature did amend the law by the Act of August 5, 1941, P.L. 816, 20 Purdon's Penna. Statutes Annotated § 3441 et seq.
In the case of Koontz v. Messer and Quaker State Oil Refining Co., 320 Pa. 487, 181 A. 792, the plaintiff accompanied her husband on a trip in an automobile driven by her husband on his employer's business. Due to the husband's negligence while acting within the scope of his employment, the wife was injured. The wife sued the husband's employer who brought upon the record as an additional defendant, by a writ of scire facias, the husband of the wife-plaintiff. It wascontended that the immunity of the husband, who was not subject to suit by his wife should be extended to the husband's employer. The court held that the personal immunity which protects the husband from suit by his wife is based simply upon a policy of preserving domestic peace and felicity. Further that a trespass, negligent or unlawful, upon the person of the wife does not cease to be an unlawful act. Although the law exempts the husband from liability to the wife for the damage, others may not hide behind the skirts of his immunity. A right of recovery was permitted against the employer of the husband for damages sustained by the wife as a result of the negligence of the husband-employee in the course of his