Legal Opinion

Rademacher v. Torbensen

New York Supreme Court

Decided January 17, 1939Published

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

  1. Reynolds v. . RobinsonNew York Court of Appeals · 1876
  2. Wrightsville & Tennille Railroad v. VaughanCourt of Appeals of Georgia · 1911
  3. Brooks v. . SchwerinNew York Court of Appeals · 1873
  4. Radley v. . Leray Paper Co.New York Court of Appeals · 1915
  5. Quinlen v. WelchNew York Supreme Court · 1893

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