Dean v. Oregon Railroad & Navigation Co.
Dean v. Oregon Railroad & Navigation Co.
Opinion of the Court
This case was here once before, and may be found in 38 Wash. 565, 80 Pac. 842, to which report reference is made for a more complete statement of the facts. Most of the legal questions now suggested were determined in that decision. A new trial resulted in a judgment for respondent in the sum of $1,078, from which this appeal is prosecuted.
We are now required to pass upon the legal sufficiency of the evidence as to decedent’s intention to return to his parents or contribute pecuniarily to them during his minority, he having been between eighteen and nineteen years of age at the time of his death. It is urged by appellant that, when decedent left his parents’ home without their consent and enlisted in the army, he became thereby emancipated, and that consequently the parents could not maintain this action. If there was any manumission, we apprehend that it was effective only during the time that he was actually engaged in the service of the government. When he was discharged from the army, he again became, as a matter of law, subservient to the authority of his parents, and they were legally entitled to his earnings. As he had, without their consent and against
It is urged that respondent was not entitled to recover expenses for transporting the body of decedent to respondent’s home in Arkansas. The total amount for this and burial expenses was $178. We think this a moderate sum to ask. It was the duty of respondent to bury the body of his minor son, and it was but natural and fitting that the remains should be taken back to the old home. Appellant being responsible for decedent’s death, it is holden to pay the reasonable cost of burial and the expenses appropriately incidental thereto. In view of these considerations and the small sum expended and sought to be recovered, we think the allowance justifiable.
It is also contended by appellant that the evidence .fails to show any reasonable probability of the decedent contributing
Various assignments of error are based upon the giving and refusal, respectively, of certain instructions. An examination of these does not convince us that any prejudicial error was made. The judgment of the superior court is affirmed.
Mount, C. J., Crow, Dunbar, Rudkin, Fullerton, and Hadley, JJ., concur.
Reference
- Full Case Name
- H. P. Dean v. Oregon Railroad & Navigation Company
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 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. 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. 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. 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.