Legal Opinion
Roberts v. . Roberts
Supreme Court of North Carolina
Decided June 8, 1923PublishedCited by 48 opinions
1Opinion of the CourtAdams, J.
The appeal presents the sole question whether a wife can maintain an action against her husband to recover damages for personal injury caused by his negligence, that is, by a tort which does not involve an assault or any other kind of willful or intentional wrong. The husband’s liability for an assault or other unwarranted and reckless trespass upon the person of his wife has been considered and determined. Crowell v. Crowell, 180 N. C., 516.
By the theory of the common law, the legal existence (the individuality) of the wife was suspended during coverture or incorporated into that of the…
2Cases cited12 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Crowell v. CrowellSupreme Court of North Carolina · 1920
- Solomon v. . BatesSupreme Court of North Carolina · 1896
- Graves v. . HowardSupreme Court of North Carolina · 1912
- Manning v. . ManningSupreme Court of North Carolina · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Wait v. PierceWisconsin Supreme Court · 1926
- Rains v. RainsSupreme Court of Colorado · 1935
- Brown v. GosserCourt of Appeals of Kentucky (pre-1976) · 1953
- Edwards v. Royal Indemnity Co.Supreme Court of Louisiana · 1935
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
43 more not listed; retrieve them via the Exa API.