The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-09
MAY SUE FOR DAMAGES.
A Legal Decision Establishes the
Right of Married Women.

The Court of Appeals. in an opinion
announced yesterday, by Mr.. Justice Nor
ris, in the case of Ida J. Rockwell against
the Capital Traction Company. decided
that married woman has the right to
! sue for damages for injuries in her own
| name. When Mrs. Rockwell filed suit
against the Capital Traction Company to
| recover damages for personal injuries the
! defendant pleaded that she was a married
counsel demurred to the plea and was
| sustained The Capital Traction Com
pany was then allowed a special appeal
| to the Court of Appeals for the District.
The question presented TO the court on
appeal was, whether under the law now
in force in this District a married woman
may sue in her own name without the
joinder of her husband to recover COM
pensation for personal injuries sustained
by her through the negligence of another
person.
In disposing Of the question the court
says: In our opinion it was the pur-
pose of Congress in the act of June 1.
1896, to restore to married women, or
rather to continue in them, the power
which they had before married and would
have in the absence of the marital re-
lation freely TO control their own per-
sons and their own actions; TO remove
and destroy The common law authority
of their husbands so far as that author
ity rested upon mere force; and to leave
the marital relation TO be supported by
the power of affection alone The act
does ut impair the right of the husband
TO ms lutte suit for injury to the marital
relate =. nor does it prohibit the husband
and We from joining in suits from tres
pass as committed against the martial
relation. But if the wife chooses to re-
gard the trespass as directed against
herself alone and as impairing her ca
pacity TO conduct her business or to enter
into business. we think the statute is
sufficient warrant for her to institute
suit in her own name.
The judgment of the Supreme Court of
the District, in the case of the United
States Electric Lighting Company,
against the Commissioners of the Dis
trict, the Dewey Hotel Company. Herman
NJ. Schriener, Nathaniel Mckay and Will
liam A. Fenwick, was reversed The opin-
ion of the court was announced by Chief
Justice Alvey
In the original proceedings. the United
States Electric Lighting Company asked
Tor an injunction, to restrain the defend
ants from laying conduits and pipes for
the purpose of making electric lighting
connections between the Dewey Hotel on
L Street, with premises, zoos Thirteenth
Street and 10l2 Thirteenth Street known
as the Hotel ". After hearing in the
equity branch of the Supreme Court for
the District the injunction asked for was
granted. The defendant took an appeal, !
with the result noted. The case is re-
manded for new trial
In the case of Henry c. Berghemer
against his wife Louise r. Bergheimer, for
divorce on the ground of desertion the
judgment Of the lower court was affirm
ed. The opinion was by Mr.. Justice Nor
ris. In this case, Mrs. Bergheimer also
fled a cross bill asking for divorce on the
ground of desertion. After an inyestiga-
ton of the circumstances upon which both
petitions were based the bills of com
plant, in both instances, were dismissed.
Both parties then appealed from the iudg-
ment of the lower court. to the Court of
Appeals While the cases we're pending
in that court. Mrs. Bergheimer, however,
withdrew her appeal.