Legal Opinion

Elsie Y. Byrd v. William E. Byrd

Court of Appeals for the Fourth Circuit

Decided August 25, 1981No. 81-1038PublishedCited by 55 opinions

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

  1. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  2. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  3. Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
  4. Immer v. RiskoSupreme Court of New Jersey · 1970
  5. Klein v. KleinCalifornia Supreme Court · 1962

12 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Ida Maxwell Wells v. G. Gordon Liddy, Phillip MacKin Bailley, MovantCourt of Appeals for the Fourth Circuit · 1999
  2. Boblitz v. BoblitzCourt of Appeals of Maryland · 1983
  3. Exxon Corporation v. Chick Kam ChooCourt of Appeals for the Fifth Circuit · 1987
  4. Princess Cruises, Incorporated v. General Electric Company, & Third Party v. Norfolk Shipbuilding & Drydock Corporation, Third PartyCourt of Appeals for the Third Circuit · 1998
  5. Bozman v. BozmanCourt of Appeals of Maryland · 2003

50 more not listed; retrieve them via the Exa API.

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