Kanton v. Kelly

Citations

• 65 Wash. 614
• 118 P. 890
• 1911 Wash. LEXIS 983

Syllabus

<p>Appeal — Review—Correct Decision on Erroneous Ground. A nonsuit granted upon an erroneous ground will be affirmed if correct upon any ground.</p> <p>Death — Death oe Child — Right to Recover — “Dependence” op Parents — Evidence—Suppiciency. Under Rem. & Bal. Code, § 183, providing that an action for death shall not abate if the deceased have parents dependent upon him for support, parents of a boy over nineteen years of age are not “dependent” upon him for support, although he gave them all his wages, three dollars a day, where it appears that they had accumulated considerable property, the father, forty-six years of age, had been engaged in a general teaming business with eight horses, which he sold out, and worked at days’ labor, and that he was in good health and able to work, although he testified that he was out of a job and could not do physical work as well as he had formerly done.</p> <p>Death — Death op Child — Right to Recover — “Dependence” op Parents — Statutes—Construction. Under the acts of 1909 (Rem. & Bal. Code, §§ 183, 194), amending former laws which gave a right of action for wrongful death, and making the right of action in favor of parents depend upon the fact that they were dependent upon the deceased for support, without reference to the age of the child, there can be no recovery by parents for the death of a minor son, in case there is no dependence, absolute or partial, although they were receiving- his wages,- and under the construction of former laws the parents might have maintained an action for loss of services.</p> <p>Same — “Dependence” of Paeents — Peomise of Support. The promise of a son to remain with and support his parents does not create a liability for wrongful death, under the statute making dependence of the parents for support a condition precedent to the right of action.</p>