Justis

This is an action to recover damages for injuries received by the plaintiff Minnie Justis while riding as a passenger upon one of defendant’s trains through the territory of Arizona, she having a ticket, issued by defendant’s agent, entitling her to passage from Los Angeles, California, to Kansas City, Missouri. Judgment was for plaintiffs in the sum of $1,975, and defendant appeals from the judgment.

The principal defense of appellant was based upon a written release and settlement of all damages arising from the injury, and a receipt therefor, signed by Mrs. Justis while on the train in the state of Kansas two days after the collision in which she was hurt. It is contended by appellant that, under the law of Arizona, and particularly under certain sections of the Revised Statutes of that territory which were read into the record and considered as evidence, without objection, the damages which could be recovered by plaintiffs, or either of them, on the cause of action stated, became and were the separate estate of the wife, and not the property of the community.

We are much inclined to the view of respondents’ counsel that the discussion of the cause of action before us upon…