Birkel v. Chandler

Citations

• 26 Wash. 241
• 66 P. 406
• 1901 Wash. LEXIS 635

Syllabus

<p>PERSONAL INJURIES TO MINOR CHILD — ACTION FOE LOSS OF SERVICES-EVIDENCE-MENTAL CONDITION.</p> <p>In an action by a father to recover for loss of services of his minor child resulting from personal injuries caused by defendant’s negligence, testimony of a physician as to such minor’s mental condition occasioned by such injuries is admissible as a proper subject for consideration in determining his future earning capacity.</p> <p>SAME-EXTENT OF INJURIES.</p> <p>The testimony of the mother of a minor child, who had been injured through defendant’s negligence, as to his condition when she first saw him shortly after he was hurt, is admissible in an action to recover for loss of his services, for the purpose of showing the jury the nature and extent of his injuries.</p> <p>SAME-VALUE OF SERVICES.</p> <p>In an action for loss of services of a minor child his mother is competent to testify as to the value of his past earnings and also as to what they would be worth as he advanced in years, since the value of the minor’s earning power is not a subject to be settled by expert testimony.</p> <p>SAME.</p> <p>In an action for loss of services of a minor child, evidence as to the cost and expense of keeping him in school and of clothing him is not admissible for the purpose of reducing defendant’s liability for the full value of such services.</p> <p>SAME-CROSS-EXAMINATION.</p> <p>Where a witness has testified that she knew the value of the services of her minor child, in an action for their loss, it is not error to admit her testimony as to what the value was prior to permitting adverse counsel to cross examine her as to her sources of knowledge, since that is a matter that might be developed on her general cross-examination.</p> <p>NEGLIGENCE-QUESTION FOR JURY.</p> <p>Defendant is not entitled to a non-suit in an action for damages as the result of his negligence, whereby personal injuries were caused by heavy planks slipping from the noose by which they were held while bei