Harrington v. Hickman
Supreme Court of Pennsylvania
Appeal, No. 258, Jan. T., 1892, by plaintiff, Elizabeth Harrington, from judgment of C. P. Chester Co., August T., 1889, No. 71, refusing to take off nonsuit entered on motion of defendants, Joseph P. Hickman, et al., executors of Joseph Pratt, deceased. Before Paxson, C. J., Sterrett, Green, Williams, McCollum, Mitchell and Heydbick, JJ. Assumpsit to recover wages at the rate of $5.00 per week for nursing and taking care of defendants’ testator.
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Appeal, No. 258, Jan. T., 1892, by plaintiff, Elizabeth Harrington, from judgment of C. P. Chester Co., August T., 1889, No. 71, refusing to take off nonsuit entered on motion of defendants, Joseph P. Hickman, et al., executors of Joseph Pratt, deceased. Before Paxson, C. J., Sterrett, Green, Williams, McCollum, Mitchell and Heydbick, JJ. Assumpsit to recover wages at the rate of $5.00 per week for nursing and taking care of defendants’ testator. At the trial the evidence was to the following effect: Joseph Pratt was an old man over eighty years of age at the time of his death, and very…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff served the decedent in the double capacity of housekeeper and nurse, for several years. He was a feeble old man, about eighty years old, and her duties as nurse were rendered more arduous and disagreeable by his gross intemperance. She was not related to him by blood or marriage, but occupied the position of a hired servant or employee. A year or more before his death her health gave way, and thereafter two persons were employed to perform the services previously rendered by her. The services rendered by her could, in the absence of any agreement,…
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