The Providence news. (Providence [R.I.]) 1891-1906, 1903-07-07
BL|vEN
VERDICT
SET ASIDE
Plaintiff Was Awarded Damages
for Services Performed for
Woman with Whom She Lived

| The jury's verdict in the Washington
county case OF Flora Bllven VS. Joann,
r. Wheeler is set aside by an opinion
handed down by the appellate division o.
the supreme court today. The plaintiff. &
minor. whose father is dead. went TO liv,
with the defendant as her child under ar
arrangement made with the plaintdfr',
| mother.
Suit was brought to recover for ser.
vices rendered while the plaintiff lived
with defendant,
on the testimony offered the Jury IN
support OF plaintiffs claim that the SER
vices were OF a character not to be ex-
pected of one OF her age and beyond
what properly belonged to her i'm her re-
| lation TO the defendant. verdict in her
| favor was given. The plaintiff lived with
the defendant about seven years and
shortly after leaving her was married.
At the time plaintiff began work for the
defendant plaintiff was nine years OF age
and lived with her mother. who was a
widow. The mother was unable 20 pro-
vide for entire family. desired a home for
her daughter and the defendant furnish
ed the home
Chief Justice stiness. who writes the
opinion handed down by the court, saws
proper work was required Of the girl
amounting to a breach OF contract. the
question still remains whether the plain
tin can maintain this action for services
The contract was made with the mother.
She was supporting her child at the time
and was entitled to her earnings"
The plaintiff claims an emanciuat ton
by her mother. but this is not shown. The
mother did not relinquish her control
of her child. but. on the contrary, con-
inually showed her retention OF II by
visiting the defendants house once or
twice a year TO see how the girl was
getting on. 10 inquire about her duties
and situa tion: demonstrating on occasions
about the work; within six months OF the
time the girl left claiming wages for the
girls services
On previous occasions when the girl
left she received her at her house and
returned sher 10 the defendant Fman-
cipation is not 70 be promised except
from facts showing a renunciation Of
parental rights and these do not appear
in the case.
Even is the remarriage Of the mother
amounted to emancipation which the
court does not think IL did. the prin-
ciple which controls this case IL that no
recovery can he had where there is no
contract To pay. A number 81 authori-
ties are cited 10 show that where chile
is adopted no contract can be presumed TO
pay for its services.
The court agrees with the plaintiff that
the law is tender I'm regard 10 infants and |
that the courts will look closely TO their |
protection. Infants deprived OF home |
by the death. misfortune or vice OF par
ents." says the chief justice. stand |
greatly In need ~ shelterinE care in a |
private home. ather than TO be sent as
oaupers 10 a poor house.
But people would he very shy IN 50
aking children II they were liable after
wards to an action for services, n the
children thought or were led 20 think that
hey had not been properly treated.
Without doubt there may be cases where
child will be unkindly used and exces-
live work required. So there are such
'ases between parents and children. The
'emedy, however. Is not an action for
services In the case before us the plain
ff could have been removed from the
iefendants house at any time, II her
reatment was not satisfactory. At the
ime when she left she returned volun-
arily and with the consent OF her
mother, and after her marriage she and
Ter husband went TO live with the de-
endant, a fact we'll night Incredible. IL
he had been treated by the defendant as
he now claims"
The court thinks the plaintiff shows no
ause OF action and as II would he use
sss TO send the case back for a. new |
rial directs that judgment be entered I'm !
he common pleas division for defendant |