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Before the enactment of the following statute, under the common law a married woman was not allowed to sue in her own name. Instead the
Before the enactment of the following statute, under the common law a married woman was not allowed to sue in her own name. Instead the lawsuit was brought in her husband's name. Assume you have a client who wishes to sue her spouse for negligence. Read the statute. Do you think she will be able to sue her husband? Why?
Gen. Laws ch. 209, 6
A married woman may sue and be sued in the same manner as if she were sole; but this section shall not authorize suits between husband and wife.
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