Legal Opinion · Dissent

Morrissett v. Morrissett

Nevada Supreme Court

Decided December 14, 1964No. 4781Published

1DissentThompson, J.

This case involves the common law rule of inter-spousal immunity for a negligent tort. In Kennedy v. Kennedy, 76 Nev. 302, 352 P.2d 833, this court applied the common law rule of immunity, pointing out that the legislature had not, by enacting NRS 12.020 or NRS 41.170, authorized a wife to sue her spouse for a negligent tort. We are asked to reexamine the validity of *570the common law principle in the light of today’s conditions and to abandon it as archaic and unreasonable; in short, to overrule Kennedy.

It seems to me that the reasons for discarding the rule greatly outweigh those given in its…

2Cases cited7 opinions

  1. Klein v. KleinCalifornia Supreme Court · 1962
  2. Cramer v. CramerAlaska Supreme Court · 1963
  3. Fredrickson & Watson Construction Co v. BoydNevada Supreme Court · 1940
  4. Rubalcava v. GissemanUtah Supreme Court · 1963
  5. Los Angeles & Salt Lake Railroad v. UmbaughNevada Supreme Court · 1942

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