Note 393 — Chapter LVI
Reading edition
It was not supposed that this right could be questioned, but in 1901, in New York City, a woman who was supporting her children by washing while her husband was in the hospital, was thrown from a trolley car with her baby in her arms and injured so that she could not work. She brought suit against the Street Railway Company before a municipal court, and was awarded $147.50. The company appealed to the Supreme Court and Justice David Leaventritt reversed the decision, saying in his opinion, "At Common Law the husband was absolutely entitled to the earnings of his wife, and neither the Enabling Act of 1860 nor the broader one of 1864 has affected the right, unless the service and earnings were rendered and received expressly upon her sole and separate account." Afterwards in explanation he said that the woman had not made it clear in her suit that she was working for herself and not performing service for her husband.
In 1902 a law was passed securing absolutely to married women their own earnings and the right to sue for damages by loss of wages in case of personal injury.