Legal Opinion
Schubert v. August Schubert Wagon Co.
New York Court of Appeals
Decided November 20, 1928PublishedCited by 147 opinions
1Opinion of the Court
Cardozo, Ch. J.
Plaintiff while in the highway was struck by the defendant’s car and injured. The car causing the hurt was driven by plaintiff’s husband, who was then in the defendant’s service. His negligence is not disputed. The employer would have been liable if the servant, the driver of the car, had been a stranger to the plaintiff. The question is whether the rule of liability is different where the servant is the husband.
We have held that a wife may not maintain an action against a husband, nor a husband against a wife, for personal injuries, whether negligent or willful (Schultz v.…
2Cases cited21 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Bennett v. . BennettNew York Court of Appeals · 1889
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3Cited by147 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- Melvin Carter v. John R. CarlsonCourt of Appeals for the D.C. Circuit · 1971
- Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
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