Zimmerman v. Zimmerman
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. No. 2 May Term 1889, Sup. Ct.; court below, No. 480 June Term 1887, C. P. On May 25, 1887, Elias Zimmerman brought assumpsit against Levi Zimmerman, executor of the last will and testament of Samuel Zimmerman, deceased, to recover for personal services alleged to have been rendered by the plaintiff to the defendant’s testator in his lifetime. The defendant’s plea was non-assumpsit.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. No. 2 May Term 1889, Sup. Ct.; court below, No. 480 June Term 1887, C. P. On May 25, 1887, Elias Zimmerman brought assumpsit against Levi Zimmerman, executor of the last will and testament of Samuel Zimmerman, deceased, to recover for personal services alleged to have been rendered by the plaintiff to the defendant’s testator in his lifetime. The defendant’s plea was non-assumpsit. At the trial on May 15,1888, the following facts were shown: Elias Zimmerman, the plaintiff, was a son of Samuel Zimmerman, deceased. The latter…
1Opinion of the Court
Opinion,
Mb. Chief Justice Paxson :
This belongs to a class of cases which unfortunately are becoming too frequent. It was an action brought below by the plaintiff against the executor of his father’s estate, to recover compensation for the care and nursing of his aged father for the last two years of his life.
It appears that the plaintiff and his father lived upon the same farm, though occupying separate houses a few feet apart. The farm belonged to the father, the son worked it as tenant. For the last two years or so of his life, the old man became feeble and required more or less attention;…
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