Legal Opinion
Johnson v. Johnson
Supreme Court of New Hampshire
Decided January 31, 1966No. 5386PublishedCited by 20 opinions
1Opinion of the CourtKenison, C. J.
Under New Hampshire law a wife may recover damages in a tort action against her husband. Miltimore v. Company, 89 N. H. 272; Morin v. Letourneau, 102 N. H. 309; RSA 460:2. Under Massachusetts law such actions are not permitted. Callow v. Thomas, 322 Mass. 550. Thus there is a conflict between the law of the forum and the place of injury in New Hampshire which has abolished interspousal immunity and the law of common domicile and residence of the husband and wife in Massachusetts which retains interspousal immunity.
The traditional rule of choice of law in tort cases called for application of…
2Cases cited4 opinions
- Griffith v. United Air Lines, Inc.Supreme Court of Pennsylvania · 1964
- McSwain v. McSwainSupreme Court of Pennsylvania · 1966
- Callow v. ThomasMassachusetts Supreme Judicial Court · 1948
- LaChance v. Service Trucking Co.District Court, D. Maryland · 1963
3Cited by20 opinions
- Veazey v. DoremusSupreme Court of New Jersey · 1986
- White v. KingCourt of Appeals of Maryland · 1966
- Hopkins v. Lockheed Aircraft CorporationSupreme Court of Florida · 1967
- Peters v. PetersHawaii Supreme Court · 1981
- Nelson v. HixIllinois Supreme Court · 1988
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