Legal Opinion

Mertz v. Mertz

New York Court of Appeals

Decided July 8, 1936PublishedCited by 115 opinions

1Opinion of the CourtLehman, J.

The plaintiff has brought an action in this State against her husband to recover damages for personal injuries which, she alleges, she sustained in the State of Connecticut through her husband’s negligent operation of an automobile, owned and controlled by him. Under the law of New York the rule is well established that a husband is not liable to his wife for personal injuries caused by his negligence. (Schultz v. Schultz, 89 N. Y. 644; Allen v. Allen, 246 N. Y. 571.) The complaint alleges that under the law of the State of Connecticut a husband is liable for such injuries. The parties are…

2Cases cited10 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
  3. Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
  4. People v. . HawkinsNew York Court of Appeals · 1898
  5. Cross v. United States Trust Co.New York Court of Appeals · 1892

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3Cited by115 opinions

  1. Babcock v. JacksonNew York Court of Appeals · 1963
  2. Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993
  3. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  4. Ehrlich-Bober & Co. v. University of HoustonNew York Court of Appeals · 1980
  5. Greschler v. GreschlerNew York Court of Appeals · 1980

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