Cowdery v. McChesney
Cowdery v. McChesney
Opinion of the Court
This action is brought to recover the reasonable value of certain services, as housekeeper, superintendent of the household and domestic affairs, and as nurse, alleged to have been performed by plaintiff for her deceased uncle, George M. Kasson, in his lifetime. For several years immediately preceding the death of Kasson he was afflicted with various disorders of body and mind which rendered it necessary that he should have thé constant attention of someone to take care of his person and home. He engaged the plaintiff to perform this service for him, agreeing that she should be well paid. To show the value of her services, the plaintiff called as a witness Mrs. S. A. Hathaway, who testified to her acquaintance with deceased; that she had been at his house
We concur: Britt, C.; Chipman, C.
For the reasons given in the foregoing opinion the judgment and order denying a new trial are reversed.
Reference
- Full Case Name
- COWDERY v. McCHESNEY
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- 1 case
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- Syllabus
- Expert Witness—Qualification.—In an Action to Recover for Personal Services in nursing and earing for defendant’s testator, plaintiff introduced as an expert witness as to the value of the services a woman of experience in the same kind of work, and who had seen the nature of plaintiff’s services on the ranch where they were performed. In answer to the question, “Prom your experience, and what you saw on the ranch, are you able to say what such services are reasonably worth?” she replied, “Well, I am able to tell what I think.” Held, that the court erred in excluding the testimony on the ground that witness had admitted her incompeteney.