Story Case

James O'Donald and his wife lived in the state of Massachusetts. Their life together had been a happy one until O'Donald and one Mary Laughlin became acquainted. From this time on, Mary Laughlin deliberately won the affection of 0 'Donald, so that ultimately he neglected his family entirely. Thereupon, Mrs. O'Donald brought an action in Court against Mary Laughlin to recover for damages to the marital relation. The defendant's lawyer put in defense that a married woman could not bring suit in her own name alone, and that her husband could not sue with her in this case because the law would not permit him to be plaintiff and recover for his own wrong. Is this a good defense?

Ruling Court Case. Nolen Vs. Pearson, Volume 191 Massachusetts Reports, Page 283; Volume 114 American State Reports, Page 605

The plaintiff brought this action to recover of the defendant damages for the alienation of her husband's affections. The defendant admitted that she purposely persuaded and enticed the plaintiff's husband to commit adultery and to refuse performance of his marital obligations, and also induced him to abandon his home. The defendant answered that a married woman could not bring suit alone.

Decision: Since the law of this state gives to the married woman the right to recover for injury in any form done to her person or her property, the plaintiff may recover in this action. The loss of the essential element of matrimonial fellowship afforded by the husband's society and exclusively given to her by the contract of marriage, when accompanied by his seduction at the inducement of another woman, is an injury as tangible, and from which she may suffer as acutely and with more disastrous consequences to herself than from loss of reputation caused by libel or slander.

It was held that the plaintiff might recover in this action.

Ruling Law. Story Case Answer

At common law, the right of the husband to recover damages of a third person for alienation of his wife's affections, and for damage to marital relations, was well recognized. Seduction of the husband, and the alienation of his affections was as much of an injury to the wife. But because of the way in which the law looked upon the relation between man and wife, she had no remedy in such a case. Since the wife could not sue alone, but was compelled to sue jointly with her husband, it seemed absurd to the courts that the husband should be suing for damages resulting from circumstances in which he was really a wrong-doer, or at least a participant, himself.

Under modern statutes which gives the wife the right to sue and be sued alone, it is now held that the wife may recover damages of a third person, who seduces her husband, or alienates his affections and persuades him to leave his wife and neglect his marital duties. Since, in the Story Case, O'Donald and his wife lived in Massachusetts where such a statutory law is in force, Mrs. O'Donald's action against Mary Laughlin is good, and the latter's defense is of no effect.