LEGAL ABSURDITY.

Manawatu Herald, Volume LI, Issue 4479, 17 July 1930, Page 1

LEGAL ABSURDITY.

WIFE SUES HUSBAND. .JUDGE SEES INJUSTICE. London, -.Tune 19. “I find that one injustice after another has fallen upon .husbands,” declared My Justice Mt’Cardle, delivering a deferred judgment in the King’s Bench Division. “I find also privileges given to the wife which are wholly denied to the husband.”

It is true that‘Mr .Justice. M’Cavdie is constantly mentioned as the famous bachelor judge, but these remarks were not merely obiter dicta, but were portion of his considered judgment in a motor accident case.

Dr. Harry EdoLston, driving a car near Leeds in October, 1928, collided with a horse and cart. His liancee, who was a passenger in the car, and has married him since the action started, lost, an eye. She sued him, claiming damages. Dr. Edelston claimed that as the plaintiff and he were now married, she was unable to maintain a claim against; her husband. ■Mr Justice MoOardie, in his judgment, poiled out that the parties had continued the action owing to the modern practice of insuring against motor accidents, and really the result of the action would he its effect upon the insurance company.

Mr Justice M’Cardic. found that the husband drove negligently, thereby causing .the accident, and therefore was technically at fault. He must pay in his own costs, but the wife must lose the claim, because she was barred by the Married Woman's Property Act. The Judge said that the action [demonstrated (lie legal absurdities resulting from marriage in England. Husbands found themselves involved with burdens from which wives were free. The ancient dpotrine that a husband and wife are one in I lie eyes of the law was lirst enunciated 300 years ago. This doc-. Irine since then had led to innumerable complexities. There was no physical unity except in the most limited occasional meaning. There was no mental unity. He hoped that. Parliament would devote attention to these anomalies, and remove the injustices and clear up the obscurities, with the result that •‘the great institution of marriage may gain new dignity and new st length.”