Bigaouette v. Paulet
Massachusetts Supreme Judicial Court
Tort in four counts. The first count was for seduction of the plaintiff’s wife; the second and fourth were for assaults upon her; and the third was for a rape: whereby the plaintiff lost her comfort, assistance, society and benefit. Writ dated April 9, 1877. Trial in the Superior Court, before Rockwell J., who allowed a bill of exceptions, in substance as follows: The only witnesses were the plaintiff and his wife.
Read the full summary
Tort in four counts. The first count was for seduction of the plaintiff’s wife; the second and fourth were for assaults upon her; and the third was for a rape: whereby the plaintiff lost her comfort, assistance, society and benefit. Writ dated April 9, 1877. Trial in the Superior Court, before Rockwell J., who allowed a bill of exceptions, in substance as follows: The only witnesses were the plaintiff and his wife. The wife testified that the plaintiff was a workman in the factory of the Smith American Organ Company, in a subordinate capacity, under the defendant, and that the parties were in…
1Opinion of the CourtW. Allen, J.
The plaintiff cannot maintain this action for an injury to the wife only; he must prove that some right of his own in the person or conduct of his wife has been violated. A husband is not the master of his wife, and can maintain no action for the loss of her services as his servant. His interest is expressed by the word consortium, — the right to the conjugal fellowship of the wife, to her company, cooperation and aid in every conjugal relation. Some acts of a stranger to a wife are of themselves invasions of the husband’s right, and necessarily injurious to him; others may or may not injure…
2Cases cited1 opinion
- Yundt v. HartrunftIllinois Supreme Court · 1866
3Cited by50 opinions
- Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
- Bennett v. . BennettNew York Court of Appeals · 1889
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Parker v. NewmanSupreme Court of Alabama · 1917
- Clow v. ChapmanSupreme Court of Missouri · 1894
45 more not listed; retrieve them via the Exa API.