Legal Opinion

Rubalcava v. Gisseman

Utah Supreme Court

Decided August 12, 1963No. 9822PublishedCited by 38 opinions

1Opinion of the Court

CROCKETT, Justice.

Plaintiff Lydia Rubalcava sues the Union Pacific Railroad and the estate of her husband, Theodore Rubalcava, for injuries *346she suffered in an auto-train collision which occurred at about 2 a. m., November 12, 1961, in the 1600 West block in Salt Lake City, and in which her husband as driver was killed.

Defendant estate moved to dismiss on the ground that a wife cannot maintain a tort action against her husband (or his estate). From a denial of that mction the estate appeals.

We are not concerned on this appeal with the merits of the cause of action, which alleged intoxication…

2Cases cited36 opinions

  1. Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
  2. Thompson v. ThompsonSupreme Court of the United States · 1910
  3. Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
  4. Klein v. KleinCalifornia Supreme Court · 1962
  5. Long v. LandySupreme Court of New Jersey · 1961

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

3Cited by38 opinions

  1. Immer v. RiskoSupreme Court of New Jersey · 1970
  2. Merenoff v. MerenoffSupreme Court of New Jersey · 1978
  3. Cannon v. OviattUtah Supreme Court · 1974
  4. DeBry v. NobleUtah Supreme Court · 1995
  5. Richard v. RichardSupreme Court of Vermont · 1973

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

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