Opinion
Argued October 15, 1969
Decided October 28, 1969
Action to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant, brought to the Superior Court in Hartford County, where a demurrer to the complaint was sustained, Longo, J., and, the plaintiff failing to plead further, judgment was rendered for the defendant, from which the plaintiff appealed. No error.
William R. Davis, with whom, on the brief, was Leon RisCassi, for the appellant (plaintiff).
Joseph T. Sweeney, with whom, on the brief, was Thomas J. Hagarty, for the appellee (defendant).
Upon the authority of Landers v. Landers, 153 Conn. 303, 216 A.2d 183, the court sustained a demurrer to the complaint. On this appeal, the sole assignment of error is addressed to this ruling. The basic claim of the plaintiff is that we should reexamine the holding of the Landers case and change our rule that the substantive internal law of the situs of a tort determines the capacity to sue as it may be affected by the marriage relationship. We see no reason to change our rule as enunciated in that case.