Story Case

While crossing a street in his home town, James Still, the nine year old son of Mrs. Alice Still, was severely injured through the negligence of Kenry Hill in running his automobile. James had never earned any money in his life, nevertheless his mother, since the father was deceased, brought an action for damages for the loss of the child's services, for the expenses incurred and for the worth of her time in caring for the son. Hill put in defense that the child was not earning anything and that the mother could not collect damages, since this was merely a right in the father. Is this defense good?

Ruling Court Case. Hargan Vs. Pacific Mills, Volume 158 Massachusetts Reports, Page 402

The plaintiff was a widow and mother of three minor children, who lived with her and who were supported by her. The eldest, aged eleven, was injured by the negligence of the defendant company. Because of the injury the mother lost the child's services for several months, incurred expenses for medical attention, and spent a great deal of time in nursing and caring for the child during the time he was disabled by the injury in question. She brought this action to recover damages for the loss of the child's services, for the expenses incurred, and for the reasonable worth of her time spent in caring for the child.

Mr. Chief Justice Field said in part: "The tendency of modern decisions is to give to a widow, left with minor children, who keeps the family together and supports herself and them with the aid of their services, very much the same control over them and their earnings during their minority, and to impose on her to the extent of her liability, much the same civil responsibility for their education and maintenance, as are given to and imposed on a father. We are of opinion that when a minor child lives with its mother, who is a widow, and the child is supported by the mother, and works for her as one of the family, the mother is entitled to recover for the loss of services of the child, and for labor performed and expenses reasonably incurred in the care and cure of the child so far as they are the consequence of an injury to the child negligently caused by the defendant."

Accordingly it was held that the mother might recover the damages for which she asked.

Ruling Law. Story Case Answer

So long as the infant remains at home and works for his parents, turning over to them all his earnings, the parents are the beneficiaries of his services and earnings. Consequently any injury to the infant which renders his services worthless and impairs his earning capacity is primarily an injury to the parents. This is true also because the parents are still under an obligation to care for him, even though he is no longer able to work. Hence it follows that the parents are properly able to sue for injuries to a minor which have rendered the minor unable to work and earn wages. In such an action not only may the loss of services be recovered but recovery may also be had for expenses incurred in caring for the child during the time he is disabled.

This right primarily belongs to the father; but in case the father is dead, or no longer performs the duties of a father, the mother is put in his place. She is then under an obligation to perform the duties formerly fulfilled by the father, and consequently the law gives to her the right to recover for damages sustained by her infant children and for expenses incurred in properly caring for them during the time they are unable to work.

In the Story Case, therefore, the mother can recover the damages which she seeks. This is true altho the child was not earning anything at the time of injury. The Court considers that the child has potential possibilities of earning. Of course, the amount of recovery is determined by the jury, after the judge instructs what element can be considered as above outlined.