Gray v Gray

87 N.H. 82 (1934)

Facts:

The husband and wife (Mr and Ms. Gray) are domiciled in New
Hampshire, a state which permits the wife to sue the husband for
personal injuries caused by the husband's negligence. While a
passenger in an automobile driven by the husband in Maine, the wife
is injured as a result of the husband's negligence. Under Maine law
spouses are barred from maintaining an action against each other.
Thus Ms. Gray sued Mr. Gray in New Hamsphire.

Issue/s:

WON in conflicts airising from a tort, lex loci governs (the law of the
country in which a transaction is performed, a tort is committed, or a
property is situated.) YES

Held:

The effect of the prohibition in Maine is to divest the W of any cause

of action against H. If there is a conflict between lex fori (the law of
the country in which an action is brought)) and lex loci, lex loci
governs in torts in respect to the legal effect and incidents of the act.
The status as spouses is determined by New Hampshire law but the
incidents of that status is governed by the law of the place of the
transaction (Maine).