23 Gray vs.

Gray

87 N.H. 82

Facts:

- 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 the wife is in an automobile driven by the husband in Maine, the wife was 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.

Issues:

- Whether or not lex loci celebrationis governs the case. YES

Ruling:

- The effect of the prohibition in Maine is to divest the wife of any cause of action against the
Husband.
- If there is a conflict between lex fori (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).
- Therefore, following Maine law, the Spouses are barred from maintaining an action against each
other.