Story Case

Mrs. Jane Gibson, the former wife of Richard Gibson, secured a divorce from him on the ground of cruel and unjust treatment. The evidence in the trial of the case showed that Gibson had inflicted punishment upon his wife by the use of instruments that resulted in severe pain and ill health. Following the divorce she now brings action against Gibson for damages to recover for her injury. He answers that a wife, or divorced wife, cannot sue her husband, or divorced husband, for damages to recover for injuries sustained. Is this correct?

Ruling Court Case. Abbott Vs. Abbott, Volume 24 American Reports, Page 27; Volume 67 Maine Reports, Page 304

This was an action by Cynthia Abbott against Ransom Abbott to recover damages for an assault alleged to have been committed by the latter upon the former. The plaintiff and defendant were formerly husband and wife. But before the bringing of this suit they had been divorced. The wrong of which the plaintiff complains and for which she claims damages was that, during marriage, her husband, without reason or justification, forcibly carried her to an insane asylum and caused her to be detained there for a long time.

Decision: The wife has no civil remedy against her husband for injuries inflicted upon her by him during coverture. The reason is said to be that the husband and wife are one during marriage. Consequently, in the nature of things, no civil wrong can be committed.

The real reason is that it would be against public policy to permit such an action. Every divorce could be followed by an action for damages. Instead of settling marital difficulties, a divorce would tend to aggravate them. With divorces as common as they are, there would be a harvest of litigation following the claim of the plaintiff if it were sustained.

It was held that the plaintiff could not recover in this action.

Ruling Law. Story Case Answer

Whatever other remedies a wife may have against a cruel and unjust husband, she may not sue him for civil damages. He may be punished criminally for cruel treatment of his wife; or his conduct may constitute a cause for divorce at the request of the wife; but she cannot sue him for damages. The reason for this rule, which seems rather unjust, is that the right to such an action would create more trouble than it would do good. The policy of the law, when husband and wife have been divorced, is to close the matter up at once. If damages could be sued for thereafter, every divorce suit would be followed by a damage suit, and the domestic troubles would again be made public in another Court. In the Story Case, therefore, Mrs. Gibson's action will be dismissed from the Court.