The Right of a Married Woman to Bring an Action for Damages for Personal Injuries Where the Husband Has Refused to Join

Authors

Edward Starin

Abstract

One of the interesting developments in the law of community property has been the rule which declares that a married woman while living with her husband has no right to prosecute an action for personal injuries caused by the negligence of a third person without procuring her husband to join as a party plaintiff in the action. While, under the statute, the common law disabilities of a married woman are completely removed and while under the same statute the wife has the same right to appeal to the courts for redress for any unjust usurpation of her natural or property rights, that the husband has, yet under the judicial construction of the statutory definition of community property, the conclusion is reached denying the wife any right to appeal to the courts in her own name, for redress for the usurpation of her most sacred right, namely the right of personal security.

First Page

129

Recommended Citation

Edward Starin, Notes and Comments, The Right of a Married Woman to Bring an Action for Damages for Personal Injuries Where the Husband Has Refused to Join, 1 Wash. L. Rev. 129 (1925).
Available at: https://digitalcommons.law.uw.edu/wlr/vol1/iss2/5