CONFLICT OF LAWS-PUBLIC POLICY OF THE FORUM A BAR TO WIFE'S ACTION AGAINST HUSBAND FOR NEGLIGENT INJURY

Freedenberg, Oscar

Journal: Michigan Law Review

Volume: 38

First Page: 715

Year: 1940

Bluebook Citation: 38 MICH. L. REV. 715 (1940)

Author: Oscar Freedenberg: all 6 publications


Abstract

Husband and wife were residents of state A, in which a personal tort action between the spouses was not recognized. The wife sued in state A for injuries sustained by reason of her husband's negligent operation of an automobile in state B. Notwithstanding the wife had a right of action under the lex loci delicti, held, that the public policy of the forum is an effective bar to an action by the wife against her husband for personal injuries. (In the record of the case it appears that the defendant in interest was an insurance company.) Kircher v. Kircher, 288 Mich. 669, 286 N. W. 120 (1939).

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