The Providence news. (Providence [R.I.]) 1891-1906, 1901-04-26
Court Holds Married Woman's
Earnings Are Not Her Own.
ONLY BY SPECIAL PROVISION.
Can She Enjoy the Fruits Of Her Labor.
Important Decision In Damage Suit
Against a Railway CumpanL

New York, April 26.-As 10 tho right OF
married woman 20 recover for dimin-
ished earning capacity, an adjudication
has Just been passed upon by the appel
late term OF the supreme court I'm de-
cision rendered by Judge Leventritt and
concurred I'm by Judges Bischoff and
Clarke, reversing Judgment obtained by
Mrs Pauline Klapper for SIZE against the
Metropolitan Street Railway company
for personal injuries. The case was tried
I'm the municipal court
Mrs. klapper on July last boarded
car for the purpose OF visiting her hus-
hand, who was then confined in Mount
Sinai hospital. She had her baby with her
and as she was alighting from the car
at Sixty-seventh street and Lexington
avenue the conductor gave the signal and
the car started, throwing her 10 the
ground before she had a chance TO get on
properly.
Although thrown on her back, she held
her baby tightly in her arms and saved
81 from serious injury
The evidence showed that Mrs KIapper
had her spine severely injured and since
then has not been able 10 do any work
She was the only support of the family
az that time, a. her husband was conan-
ed i'm the hospital, and she was earning
from w 10 $40 weekly washipHsnd scrub
hing. At the time OF the tW she was
permitted 10 prove that she had lost her
earnings for six weeks
1t was on :his point alone that the rail-
road company carried the case up on ap-
peal raising the contention that as a
matter Of law her earnings belonged to
her husband and could not be recovered
by herself. and therefore. an error had
been committed In allowing her TO testify
on uis point.
The appellate term directs a new trial
IF 'he case, holding that IT vas an error
10 have permitted Mrs. klapper TO testify
To what she earned.
AT common law" says Judge Leven-
tritt her husband was absolutely entitled
TO the earnings OF his wife unless the ser
vices and earnings were rendered or re-
ceived expressly upon her sole and sep
arate account" Quoting from another
decision the court says. "Presumptively |
damages for diminishing the earning ca
pacity of n married woman belong TO her !
husband. and when she seeks 10 recover
such damages the complaint must con-
tain an allegation that for some reason |
she is entitled TO the fruits Of her own la |
bor."
The court holds that Mrs Klappor was |
bound 10 prove that she was entitled 20 |
the fruits OF her own labor, bat the bare |
fact that she performs services for third
persons docs not necessarily bring ii /
within the statute. THE true construc-
tion OF the sta tute Is that she may elec
10 labor on her own account and thereby
entitie herself TO her earnings, but I'm the
absence of such an election the hts-
bands common law right to her earnings
unaffected"
quoting from another decision the opin-
Ion says: That the earnings of the wife, |
whether at home or abroad, unless ac-
quired I'm the pursuit of "A separate bust
ness or In connection with her separate |
estate presumptvely belonged 10 the
husband. IL did not there appear that the
wifes earnings were earned or kept
apart by her as a separate estate. She
and her husband lived together, and the
presumption is that her earnings were
turned in as part OF the family earn
Ings."