French v. Spencer

Citations

• 23 Pa. Super. 428
• 1903 Pa. Super. LEXIS 91

Syllabus

<p>Evidence — Sufficiency of evidence — Scintilla—Question for jury.</p> <p>The plaintiff is entitled to the benefit of every inference of fact which might have been fairly drawn by the jury from the evidence presented. Generally speaking, it is not necessary that the evidence in support of plaintiff’s claim be clear or strong. If it amount to more than a mere scintilla, it should be submitted to the jury.</p> <p>Principal and agent — Husband and wife — Evidence.</p> <p>Owing to the intimate relation of husband and wife, their interests and duties are in many eases common, and, where these exist, the act of one may be presumed to be the act of the other upon slight evidence, and this is particularly the case where a moral or legal duty is imposed upon the husband to do what his wife has done.</p> <p>In an action to recover for services in nursing defendant’s mother, it appeared that the plaintiff, who was a niece of defendant, lived in the same town with her grandmother, and when the latter became ill notified defendant of the fact. Defendant’s wife came to the town, took charge of the case, employed a nurse and physician, removed the old lady from her home to the home of the plaintiff, and agreed that plaintiff should be paid for her services. The defendant had knowledge of the fact that the plaintiff was caring for his mother, that a physician was attending her, and that his wife paid the physician for his services. When plaintiff presented her claim to him he made no objection or denial of liability, but promised to come to her and settle. It also appeared that the wife of the defendant was a woman of business capacity, that she took an active part in the management of defendant’s business, drawing checks, signing his name thereto, keeping books of account, making computations and otherwise assisting him in his affairs. The defendant was in the habit of visiting his mother both before and during her illness, and prior to her illness had contributed to her comfort