Sykes v. Lawlor
California Supreme Court
Appeal from the District Court of the Nineteenth Judicial District, City and County of San Francisco. The plaintiff averred in his complaint, that his daughter, Abby, aged seven years, on the 11th of April, 1872, was crossing Dora street, in the line of Harrison street, in San Francisco, and that while walking on the cross-walk laid for that purpose, the servant of the defendant carelessly and negligently drove a team of two horses and a wagon against her, and injured her so…
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Appeal from the District Court of the Nineteenth Judicial District, City and County of San Francisco. The plaintiff averred in his complaint, that his daughter, Abby, aged seven years, on the 11th of April, 1872, was crossing Dora street, in the line of Harrison street, in San Francisco, and that while walking on the cross-walk laid for that purpose, the servant of the defendant carelessly and negligently drove a team of two horses and a wagon against her, and injured her so that she was sick, and that the plaintiff was compelled to render his and his wife’s services in nursing and caring for…
1Opinion of the Court
By the Court, Crockett, J.:
The weight of authority in England is to the effect that in an action by a parent for injuries to his minor child *238under his care, the gravamen of the action is the loss of service; as incidental to which he may recover the expense of nursing and healing the child. But if the child' be of such tender years that it was incapable of rendering any service whatever, there could be no recovery, even for the expenses. (Addison on Torts, 902.) But in this country a more liberal rule has been adopted; and the best considered cases hold that inasmuch as it is a duty enjoined…
2Cases cited1 opinion
- Karr v. ParksCalifornia Supreme Court · 1872
3Cited by7 opinions
- Helfend v. Southern California Rapid Transit DistrictCalifornia Supreme Court · 1970
- Bauman v. City and County of San FranciscoCalifornia Court of Appeal · 1940
- King v. GreenCalifornia Court of Appeal · 1908
- Lum v. FullawayHawaii Supreme Court · 1958
- Netherland-American Steam Nav. Co. v. HollanderCourt of Appeals for the Second Circuit · 1894
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