Legal Opinion

Wise v. Martin

Superior Court of Pennsylvania

Decided April 18, 1910No. Appeal, No. 52PublishedCited by 4 opinions

Appeal, No. 52, Oct. T., 1909, by defendants, from judgment of C. P. Clearfield Co., May T., 1908, No. 180, on verdict for plaintiff in case of Jennie Wise v. A. F. Martin, administrator. Assumpsit to recover compensation for nursing decedent. Before Ormerod, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 52, Oct. T., 1909, by defendants, from judgment of C. P. Clearfield Co., May T., 1908, No. 180, on verdict for plaintiff in case of Jennie Wise v. A. F. Martin, administrator. Assumpsit to recover compensation for nursing decedent. Before Ormerod, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: If the jury from this evidence, the declarations made by Mr. McCloskey in the presence and not in the presence of the plaintiff in this case, should find that there was an agreement between them whereby she was to…

1Opinion of the Court

Opinion by

Morrison, J.,

The plaintiff brought this action to recover the value of her services nursing Samuel McCloskey, deceased, as she alleged, for about one and one-half years of the latter part of his lifetime and until twelve days before his death. She recovered a verdict and judgment thereon for 1900. During *445all of the time she did the alleged nursing she was in the employ of the decedent as a domestic in consideration of $2.00 per week or $10.00 per month,- and she was paid for her work as a domestic in full. At the trial, the defendant’s counsel presented a written point asking for a…

2Cases cited12 opinions

  1. Walls' AppealSupreme Court of Pennsylvania · 1886
  2. Pollock v. RaySupreme Court of Pennsylvania · 1877
  3. Appeal of RanningerSupreme Court of Pennsylvania · 1888
  4. Harrington v. HickmanSupreme Court of Pennsylvania · 1892
  5. Smith v. MilliganSupreme Court of Pennsylvania · 1862

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Lewis's EstateSuperior Court of Pennsylvania · 1912
  2. Nelson v. BruceIdaho Supreme Court · 1931
  3. Moore v. MinorSuperior Court of Pennsylvania · 1914
  4. Martin's EstateSuperior Court of Pennsylvania · 1913

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