Story Case

While Mrs. Doris Brown was crossing a street in her town she was run into and seriously injured by an automobile belonging to and being driven by Howard Barr. The accident occured because Barr was carelessly chatting with people in the rear seat of his machine and was not watching the traffic. When Mrs. Brown brought suit against Barr to recover damages, his defense was the fact that a married woman could not start an action alone at common law, but must have her husband join with her. Mrs. Brown answered that the suit was brought to recover for her suffering and pain and not for losses suffered by the husband. Can she recover?

Ruling Court Case. Dora Bouereis Vs. John Wolf, Volume 8 Lawyers' Reports, Annotated, Page 680

The plaintiff in this case was a married woman. During the time of her marriage, and while still living with her husband, the defendant assaulted her, and was guilty of an outrageous, forcible attempt to have carnal connection with her. This action was brought for the damages she suffered as a result of the assault. The action was originally begun in the joint names of the husband and wife. At the request of the wife, the Court allowed the action to be carried on in the name of the wife alone, and the name of the husband was stricken from the records of the case. When this was done the defendant asked that the case be discontinued altogether, because the husband should have remained in the case.

Decision: The injury in this case was primarily the injury of the wife. It was not claimed, as a part of the damages, that the husband lost her services or her society, but the claim was the physical pain, mental anguish and disgrace which the wife suffered. The woman was therefore said to be the meritorious cause of action. But even though this be true, she is not permitted to sue alone. The husband must sue with her. in such an action.

It was held that the action could not be maintained in the name of the wife alone.

Ruling Law. Story Case Answer

When, through negligence or wrongful conduct of a third person, an injury is caused to a married woman, two rights of action arise. In the first place the husband has a right of action. This arises from the fact that the injury has caused him the loss of the services and society of his wife, to which, by law, he is entitled. In the same action he may recover any money which he has expended in the care and cure of his wife. For this character of damages the husband generally sues alone. By the same injury, of course, the wife suffers certain physical and mental pain; this injury is primarily her own. She is said to be the meritorious cause of action. Here, however, although she is the one primarily injured, she may not sue alone, but the husband must be joined with her.

Under modern statutes, the husband is still permitted to sue for the damages arising under the first cause of action above referred to. But the wife is not permitted to sue alone for her injury, mentioned above in the second cause of action. The Court Case of Dora Bouereis vs. John Wolf was decided under the old common law. The answer to the Story Case depends upon whether the parties live in a state where the legislature has changed this common law compelling the wife to have the husband join in all her actions.