Elsie Y. Byrd v. William E. Byrd
Court of Appeals for the Fourth Circuit
1Opinion of the Court
MURNAGHAN, Circuit Judge:
The question presented by the instant case — whether interspousal immunity applies within the federal admiralty jurisdiction to preclude a tort action by a wife against her husband for injuries sustained by her while on the husband’s pleasure boat in navigable waters — is truly one of first impression. Authority, not only cases but comment by the treatise authors as well, appears to be nonexistent. 1
The appeal arises out of a suit by appellant wife against her husband for injuries sustained by her on September 16, 1978, allegedly as a result of her husband’s…
2Cases cited17 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
- Immer v. RiskoSupreme Court of New Jersey · 1970
- Klein v. KleinCalifornia Supreme Court · 1962
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3Cited by55 opinions
- Ida Maxwell Wells v. G. Gordon Liddy, Phillip MacKin Bailley, MovantCourt of Appeals for the Fourth Circuit · 1999
- Boblitz v. BoblitzCourt of Appeals of Maryland · 1983
- Exxon Corporation v. Chick Kam ChooCourt of Appeals for the Fifth Circuit · 1987
- Princess Cruises, Incorporated v. General Electric Company, & Third Party v. Norfolk Shipbuilding & Drydock Corporation, Third PartyCourt of Appeals for the Third Circuit · 1998
- Bozman v. BozmanCourt of Appeals of Maryland · 2003
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