Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1890-11-13
MATRIMONIAL SOCIETY.
A Wife Sustains Actual Injury from the
Loss of COnsOrtium.

A Wife Sustains Actual Injury from the
Loss of COnsOrtium.
1t is a curious circumstance that with.
in few months the highest court in
not fewer than four States has passed
upon this question in action brought by
wife against another woman for alien
ating the affections of her husband.
Such suits are rare compared with the
number of corresponding ones brought
by husband against another man.
1t is not less curious to note the con-
fict OF opinion in these four cases. In
Maine and Wisconsin the right of the
York it was affirmed.
There has never been any question
as to the right of a husband to bring
such a suit. But the Supreme Court Of
Wisconsin holds that the right of wife
to the society of her husband is not the
same as his right to her society. The
loss of her husbands society is not an
injury to her person, property, means OF
support or character. There are"
says Judge Orion, natural and I'M
changeable conditions of husband and
wife that make that right radically I'M
equal and different"
The wife is more domestic and is sup
posed to have the personal care of the
household, and her duties in the do
mestic economy require her to be more
constantly at home, where the husband
may nearly always expect to find her
and enjoy her society. She Is purer
and better by nature than her husband
and more governed by principle and
sense of duty. Actions against others
for enticing her away from home and
her husbands society are not frequent
She is protected from such wrong not
only by her integrity of character, but
by greater love for her family and the
comforts and genial influences of home
life.
With the husband, the court goes on
to say, the case is different.
He may not be his wife's superior in
the sense of the common law in any
thing, and may be her inferior in many
things, but he is charged with the duty
of providing for, maintaining and pro-
tscting his wife and family. He is
engaged for this purpose in the
business and various enjoyments Of
the outside world that must nee
esssarily more or less deprive his
wife of his society. He may be kept
away from home for months or years
He is exposed to the temptation, entice-
ments and allurements of the world.
The wife had reason to expect all these
things when she entered the marriage
relation.
Such stuff is not creditable to the bench
from which it comes. 1t finds its refu-
tation and merited condemnation in
these views, expressed by Judge Vsnn
in the opinion of the second division Of
the New York Court of Appeals:
THE actual injury of the wife from |
the loss Of consortium, which Is the |
basis of the action, is the same as the |
actual injury to the husband from the |
society of his wife is no greater than her |
right to the conjugal society Of her hus-
band. Marriage gives to each the same
rights in that regard. Each is entitled |
to the comforts, companionship and af- |
lection of the other. The rights of the
one and the obligations of the other |
spring from the marriage contract and
are mutual in character. Amy inter-
ference with these rights, whether Of
the husband or the wife. is violation
not only of a natural right but also of
legal right arising out of the marriage
relation"
The opinion of the Wisconsin Su-
prone Court revives the old common
law notion that wife is a slave Of her
husband The opinion of the New York
Court of Appeals embodies the true prin-
ciple of to-day. that wife Is the equal
Of her husband. IN. 2. Herald.