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Mertz v. Mertz
New York Court of Appeals
271 N.Y. 466, 3 N.E. 2d 597 (1936)
- Written by Denise McGimsey, JD
Facts
Emmy Mertz (plaintiff) and her husband, Fred Mertz (defendant), New York residents, were in a car accident in Connecticut. Alleging negligence, Emmy sued Fred in a New York court for injuries she sustained. Following the common law, New York did not permit a wife to sue her husband for personal injury caused by his negligence. Connecticut, on the other hand, had abolished that common law rule so as to allow such suits. The trial court dismissed Emmy’s suit; an appellate court affirmed. Arguing that Connecticut law should apply, Emmy appealed to the new York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Lehman, J.)
Dissent (Crouch, J.)
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