Linton v. Linton

This appeal asks that we review the aged, if not antiquated, doctrine of interspousal immunity in motor vehicle negligence cases. Why, it inquires, is an action grounded in negligence so disruptive to a marriage as to preclude as a matter of public policy the bringing of the case, while a suit involving property or contract is not deemed to shake the foundations of the marital relationship. Another question posed is whether the fact that a claim cannot be asserted is a festering sore of such a nature as to cause a bursting of the marriage bonds.

Interspousal immunity has stood for years, like…