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Keywords

plaintiffdefendantjurisdictionnegligenceliabilitysustained
plaintiffdefendantjurisdictionnegligenceliabilityappealsustained

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Mertz v. Mertz, 271 N.Y. 466, 3 N.E.2d 597, 108 A.L.R. 1120

Facts

The plaintiff and defendant, residents of New York, are husband and wife. The action is for personal injuries sustained by the plaintiff in Connecticut while a passenger in the defendant's automobile, which he owned and controlled. The complaint alleges that under Connecticut law, a wife may maintain an action against her husband for such injuries, but the New York courts found the claim insufficient and lacking jurisdiction.

The plaintiff and defendant, residents of New York, are wife and husband. The action is for personal injuries sustained, through the defendant's gross negligence, by the plaintiff in Connecticut while a passenger in defendant's automobile.

Issue

Whether a wife residing in New York may sue her husband for personal injuries sustained in Connecticut, where the law allows such a suit, despite New York's rule that a husband is immune from liability for personal injuries to his wife.

The problem presented upon this appeal is whether a wife residing here may resort to the courts of this state to enforce liability for a wrong committed outside of the state, though under the laws of this state a husband is immune from such liability.

Rule

Under New York law, a husband is not liable to his wife for personal injuries caused by his negligence, based on the common-law doctrine of the merger of the beings of husband and wife in the unity of marriage.

Under the law of New York the rule is well established that a husband is not liable to his wife for personal injuries caused by his negligence.

Analysis

The court applied the rule that the law of the forum determines the jurisdiction and remedies available. It concluded that while the cause of action arose under Connecticut law, enforcing it in New York would violate the state's public policy, which does not allow a wife to sue her husband for personal injuries. The court emphasized that the law of one state has force only as lent by the law of another jurisdiction.

The courts of the state of New York are not concerned with the wisdom of the law of Connecticut or of the internal policy back of that law. They must enforce a transitory cause of action arising elsewhere, unless enforcement is contrary to the law of this state.

Conclusion

The court affirmed the dismissal of the complaint, holding that the cause of action was contrary to New York's public policy, and thus the courts lacked jurisdiction to entertain it.

The judgment should be affirmed, with costs.

Who won?

Fred Mertz prevailed in the case because the court upheld the dismissal of the complaint based on New York's public policy that prohibits a wife from suing her husband for personal injuries.

It was held that ‘the cause of action asserted offends our public policy to so great an extent that the court is without jurisdiction to entertain it.’

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