Rademacher v. Torbensen
New York Supreme Court
1Opinion of the CourtHinkley, J.
There is presented upon this motion a question of apparently factual first impression. Has a husband, whose wife was injured in an automobile accident prior to her marriage, a cause of action for such injury, either for loss of his wife’s domestic services or for her medical expenses after marriage? This motion by defendant is made under subdivision 5 of rule 106 of the Rules of Civil Practice, to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. This is the only rule applicable to defendant’s motion, and the motion must be decided…
2Cases cited13 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Wrightsville & Tennille Railroad v. VaughanCourt of Appeals of Georgia · 1911
- Brooks v. . SchwerinNew York Court of Appeals · 1873
- Radley v. . Leray Paper Co.New York Court of Appeals · 1915
- Quinlen v. WelchNew York Supreme Court · 1893
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