(DOWNLOAD) "Ervin E. Imig v. William March" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: Ervin E. Imig v. William March
- Author : Supreme Court of Nebraska
- Release Date : January 29, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is a wrongful death action brought by the personal representative of a deceased wife against the personal representative
of her deceased husband. Lois B. Schaap was the only other passenger in an airplane piloted by Otto F. Schaap, and the petition
alleged that his acts of negligence and gross negligence were the proximate cause of the crash which occurred on February
26, 1977, resulting in these deaths. Defendant filed a demurrer questioning plaintiff's capacity to sue because of the marriage
relationship which existed between the two decedents at the time of the accident. The trial court, although expressing the
opinion that its decision might be overturned, felt that it was bound by the law as previously established by this court and
sustained the demurrer. Plaintiff appealed. The issue is whether we should adhere to the traditional rule of interspousal
immunity as it applies to tort liability. Essentially, plaintiff argues that the doctrine of interspousal tort immunity is of judicial origin and this court has the
power to modify or abolish it in the absence of legislative action to the contrary. Defendant insists that the doctrine was
adopted by the Legislature when it adopted the common law of England by virtue of section 49-101, R. R. S. 1943, and its predecessor,
the Revised Statutes of the Territory of Nebraska, July 1, 1866.