While the legal writers are practically unanimous in their approval
of the rule in Haumschild,6 few courts have so held to date. Apparently
the first state to apply lex domicilii was California. In Emery v.
Emery7 one defendant was driving the family automobile at his father's
direction. The car was involved in an accident in the state of Idaho and
the driver-defendant's unemancipated minor sisters, passengers in the
car, were injured. They brought suit against both their father and
brother, as did their mother who attempted to recover for medical and
other care she had rendered. The parties were all domiciled in California.
The court held that although Idaho substantive law governed as
to the degree of negligence to be proved, California law would be applied
to determine whether any disabilities or immunities existed because: