Legal Standing

The Supreme Court of Justice of Belgium has just been called upon to decide a novel and extraordinary question. One of the leading surgeons of Brussels had occasion, about a year ago, to amputate the right leg of a young married lady belonging to the highest circles of the aristocracy. The operator was so pleased with his job that he preserved the leg in a jar of spirits of wine and placed it on exhibition in his consulting room, a card being affixed to the jar giving the patient’s name and the details concerning the circumstance which had rendered the operation necessary. On hearing this, the husband of the lady demanded the immediate discontinuance of the exhibition and the return of the severed member, as being his property. To this the surgeon demurred. He admitted that the plaintiff had property rights in the leg while it formed part his wife, but argued that the leg in its present condition was the result of his (defendant’s) skill and the work of his own hands, and that he was clearly entitled to keep it. The Court seemed rather staggered by this line of argument, and after taking a fortnight to consider the question, has finally decided against the doctor and in favor of the husband’s claim to the possession of the amputated leg of his better half.

Lancaster Law Review, March 18, 1895