Daly v. Everett Pulp & Paper Co.

Citations

• 31 Wash. 252
• 71 P. 1014
• 1903 Wash. LEXIS 616

Syllabus

<p>PLEADING-AMENDMENT OF ANSWER-DISCRETION OF COURT.</p> <p>Where plaintiff had actual notice of a motion to amend an answer, made on the day of trial, and no injury was shown as the result of the amendment, its allowance by the court was not reversible error, although not supported by affidavit nor notice of the application served on the plaintiff, as required by Bal. Code, § 4953, since the same section permits the allowance of amendments in the discretion of the court to correct mistakes, and there is nothing in the record negativing the idea that the amendment was allowed for the purpose of correcting a mistake.</p> <p>PARENT AND CHILD-INJURIES TO CHILD-ACTION BY FATHERESTOPPEL.</p> <p>In an action by a father for loss of services of his minor son, resulting from injuries caused by defendant’s negligence, it was not error to refuse to strike an answer averring that plaintiff had emancipated his minor son, so far as any claim for damages growing out of the alleged injuries was concerned, and had, with his own consent, advice, and assistance, permitted the son to bring an action in his own behalf for all damages, and that the father approved of the judgment entered in the action brought by the son, and, as the legal guardian of his son, received the money paid in satisfaction of such judgment.</p> <p>SAME-EVIDENCE OF FORMER ACTION-ADMISSIBILITY OF PAROL.</p> <p>In support of the defense of estoppel of a father to bring an action in his own name for personal injuries to a minor son, after participation in a suit and settlement in behalf of the son, parol testimony of the existence of the former suit and its settlement was admissible for the purpose of showing the father’s participation therein; and the record of the son’s suit was also admissible as one of the. facts tending to establish the defense.</p> <p>SAME-ESTOPPEL OF FATHER BY EMANCIPATION OF CHILD-CHALLENGE TO SUFFICIENCY OF EVIDENCE.</p> <p>In an action by a father to recover for personal injuries to his m