Legal Opinion

Comstock v. Comstock

Supreme Court of Vermont

Decided January 4, 1934PublishedCited by 6 opinions

1Opinion of the CourtSlack, J.

The single question for review is whether a married woman can maintain an action against her husband, under the laws of this State, for injuries caused by his gross negligence in operating an automobile in which she was riding as his guest. The case was heard below on the pleadings and resulted in a judgment for defendant, to which plaintiff excepted.

The solution of the question presented depends upon the construction to be given G. L. 3521 and 3524, since at common law neither spouse could sue the other, nor could the wife sue or be sued as a feme sole.

G. L. 3521 provides: “A married women…

2Cases cited35 opinions

  1. Thompson v. ThompsonSupreme Court of the United States · 1910
  2. Bushnell v. BushnellSupreme Court of Connecticut · 1925
  3. Wait v. PierceWisconsin Supreme Court · 1926
  4. Bandfield v. BandfieldMichigan Supreme Court · 1898
  5. Brown v. BrownSupreme Court of Connecticut · 1914

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3Cited by6 opinions

  1. Lusby v. LusbyCourt of Appeals of Maryland · 1978
  2. Richard v. RichardSupreme Court of Vermont · 1973
  3. Benevides v. KellySupreme Court of Rhode Island · 1960
  4. Juaire Ex Rel. Record v. JuaireSupreme Court of Vermont · 1969
  5. LeBlanc v. StuartDistrict Court, D. Vermont · 1972

1 more not listed; retrieve them via the Exa API.

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