Zeller v. Reid

MARKS, J.

This is an appeal from an order granting a motion for new trial on the question of damages only. In this opinion we will refer to the respondent as the plaintiff, and to the appellants as the defendants.

Plaintiff was the mother of Harold William Lamb, who died on November 11, 1934, as the result of an automobile accident which happened on November 9, 1934. At the time of his death Harold was over the age of eighteen years.

In 1923 plaintiff was the wife of Arthur O. Lamb. The couple resided in Pleasantville, Ohio, with their four minor children, one of whom was Harold. Arthur O. Lamb died

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in 1923. Plaintiff remarried in 1930, and, with her husband, continued to reside in Pleasantville, Ohio, until the trial of this action.

In 1924, Clarence R. Lamb, brother of Arthur 0. Lamb, with the consent of plaintiff, brought Harold and his brother Richard Henry Lamb to live with him in Tulare County, California. The two boys continued to reside with their uncle up to the time of the death of Harold.

Under date of August 30, 1928, Clarence R. Lamb and plaintiff entered into a written contract wherein it was agreed that the two boys should continue to live with their uncle until each had reached his majority; that the uncle, Clarence R. Lamb, should, at his own expense, provide them with a home, support, maintenance and education; that he should be entitled to their services. He further agreed to make certain payments for the benefit of plaintiff and the four children. These need not be detailed here.

During the time elapsing between the date of the written contract and Harold’s death he and his mother had exchanged visits three or four times. It is admitted that Harold had not contributed anything toward the support of his mother.

After the accident Harold was taken to a hospital, where he was given surgical, medical and hospital attendance, and where he died. Clarence R. Lamb paid all the hospital, nursing and medicine bills as well as the funeral expenses for Harold. At the time of the trial he had not paid the doctors’ bills of $500 for the care of Harold’s injuries following the accident. The bills were rendered to him.