Badigian v. Badigian

Fuld, J. (dissenting).

If the present decision were necessary to preserve the integrity of the family, I would subscribe to it. But I do not believe that it is. In my opinion, the doctrine of family immunity, which underlies the holding, is based on dubious prophecy and, at least when applied to deny redress in *475automobile negligence cases, is wrong in principle and at odds with justice and modern-day realities.1

The family immunity doctrine, without precedent in English common law (see Prosser, Law of Torts [2d ed., 1955], p. 675; McCurdy, Torts Between Persons in Domestic Relation, 43 Harv. L.…