The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-03-01
The Wages OF Married Women.

The Wages OF Married Women.
A decision Of much Importance to married
women has recently been rendered by the
| Court OF Appeals OF this State in the case of
| HEDwIs BLAEcHINsKA against the Howard
Mission and Homo for Little Wanderers.
The plaintiff. married woman, sued the
/ defendant, charitable corporation. to re-
cover damages for injuries which she sus-
| tanned by falling over coal hole in the side
walk which the servants OF the defendant
had failed to guard properly. Upon the
| trial she recovered verdict Of $500. which
! was affirmed by the General Term Of the
| Supreme Court In this city. The case was
taken to the Court OF Appeals and was
there argued before tho Second Division OF
that tribunal. Tho only error upon which
tho appellant asked for n reversal OF
tho Judgment was the instruction Of tho
trial Judge to the jury that In estimating
the damages sustained by Mrs. BLAE-
cHrNsKA. they might take into consdera-
ton the loss OF wages which shc had sus-
tained by reason OF her inability to work in
consequence OF the accident. At the time
she was injured she was living with her
| IL
working for him as seamstress at n salary
OF five and six dollars week. The General
Term held that this money which tho plain
TIL received from her husband for services
outside Of her household duties was her own
property, and that 1.-THE loss OF tho salary
could be given in evidence as an element OF
damage. the same as II she had been work
ing for q stranger" The appellant insisted
that this view OF the law as it now exists in
the State Of New York was erroneous.
The opinion of the Court of Appeals is
written by Judge IRVING q. FANN OF SYRIA
cuse and is concurred in by all the members
OF the Second Division. He reviews the
legislation in this State removing the disa-
bilities OF married women. which began
with the enabling act OF 1860. giving wife
q separate estate in whatever she may ac-
quire by her trade, business. labor. or SER
vices carried on or performed on her sole
and separate account and extending down
to the act OF 1887. which authorizes mar
ried woman to convey lands directly to her
husband and accept conveyances Of land
directly from him. He shows that it has
uniformly been held. Notwithstanding the
various changes effected by the successive
q
husband still has the right to the services
Of his wife 30 far as household work is con-
cerned. even II that household work be Of u
somewhat exceptional character: and that
even when she does outdoor work upon her
husbands farm, shc cannot recover any
wages for such labor. although she holds
her husbands written promise to pay her
for 1t. II she works for third person. the
rule Ia different: and under an act passed
in 1884. her earnings In that event would be
her own.
Finding the law to be we'll settled by adj
Indication to the effect we have stated.
Judge VANH inquiries. inasmuch as "a man
cannot make a valid contract to pay his
wife for extraordinary services rendered in
his household. or for working on his farm.
how can he make valid contract to pay
her for helping him make clothes in his
business as custom tailor 2" The learned
Judge comes to the conclusion that there Is
no basis for any distinction. ard that tho
liberal policy OF the Legislature In relieving
married women OF the disabilities OF cover
ture has not extended 30 far as to enable
her to contract freely with her husband
AS to him. the restriction Is continued,
except that the formality Of conveying real
estate through the medium OF third per-
son Is no longer required. The object OF
the Legislature was probably to protect the
marital relation as we'll rs to prevent the
Of frauds upon creditors.
Every experienced observer realizes that an
unlimited right on the part Of tho wife to
contract with her husband would afford an
easy cover for fraud. and would be per-
petual menace to creditors"
The effect ofthis decision may be plainly |
stated. The husband cannot now compel |
his wife to do work for him which does not
fall within the definition and scope OF house,
hold services any more than he could at |
common law: but II the wife consents to do !,
any other work she cannot compel her hus-
baud to pay her for it, In other words. |
g such services as she renders him. whether |
within or without the strict line OF her |
duty, belong to him. and II he pays her for |
them 1t is gift" On the other hand what !
ever she earns by means Of labor performed |
under her own independent contracts
for persons other than her husband is made |
by statute her individual property.
The result Of this decision Is to send back |
the BLAECHINsKA case for a new trial. upon
which the plaintiff In recovering damages
will be confined to such sum as will COM
pensate her for the personal injuries she
excluding anything on account
Of her loss Of wages. The case Is ono of ex-
reptional interest as presenting a clear
statement OF the rights Of married women
rs they now exist In this State with respect
to compensation for their services.
The Song OF tho Seven; or, the Crisis
Of the Claimant.