Smith Ex Rel. Kirby v. Hewett

It was chiefly urged for error by the defendants tbat under tbe court’s instruction on tbe issue of damages (tbe fourth issue) tbe jury was permitted to consider as elements of damage in tbe case of Graham Smith, an unemaneipated minor, hospital, medical and nursing-expenses incurred, and also loss of earnings and diminished earning capacity during bis minority.

Tbe general rule is tbat an unemancipated minor cannot recover as an element of damage in an action for personal injury for loss of earnings or diminished earning capacity during bis minority, but tbat tbe father is primarily entitled…