Dean v. Oregon Railroad & Navigation Co.

Citations

• 44 Wash. 564
• 87 P. 824
• 1906 Wash. LEXIS 878

Syllabus

<p>Parent and Child — Emancipation. Where a minor ran away from borne and enlisted in tbe army, any .manumission depriving his parents of tbe right to his services is effective only during tbe time be was engaged in tbe public service.</p> <p>Death — By Wrongful Act — Parent and Child — Emancipation—Contribution to Support — Intent—Evidence—Admissibility. In an action by parents for tbe death of their minor son who had run away from home, in which the defense is that he was emancipated and contributed nothing to tbe plaintiffs support, conversations and letters expressing an intent on tbe part of tbe decedent to contribute to such support are not incompetent as self-serving declarations.</p> <p>Same — Damages—Recovery for Burial Expenses. In an action by parents to recover for the death of their minor son, the sum of $178 for burial expenses and transporting the body to the old home is a proper item for recovery.</p> <p>Same — Damages—Earning Ability — Evidence. In an action by parents for the death of their minor son, who had run away from home, a recovery of about $1,000 is justified without any evidence as to his earning ability at his parent’s home or that he contributed to their support, where there was evidence as to his wages at the time of his death justifying the verdict.</p>