Downs v. Sherry

MUSSELL, J.

This is an action on contract for personal services. Plaintiff was engaged as a baby nurse by Bette Sherry, also known as Bette Davis. The term of employment was for a period of six months, beginning at the time of the birth of defendant’s child, May 1, 1947. It was agreed that plaintiff was to be compensated for her services at the rate of $60 per week and in addition was to receive her “room, board and lodging. ’ ’ On May 7, 1947, Bette Sherry returned from the hospital with her child to her home in Laguna Beach and plaintiff assumed her duties as nurse. Three days later plaintiff was discharged by defendants who paid her the sum of $120 which she retained. On May 28, 1947, plaintiff filed suit against defendants claiming $60 per week for 26 weeks and $150 per month for room and board. ' A jury trial was had which resulted in a verdict for plaintiff in the sum of $1,500. Defendants moved for a new trial on the usual grounds. The motion was granted ‘‘on the issue of the amount of damages only, upon the grounds of insufficiency of the evidence to justify the verdict as to the amount of damages.”

Defendants appeal from the verdict and judgment except such portion as may be “effected” by the order of the court

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granting a new trial on the sole question of the amount of damages granted.

Plaintiff appeals from that portion of the order granting defendants’ motion for new trial on the issue of damages only.

It is contended by defendants that the trial court erred in the admission, or the refusal to admit, certain evidence and in the giving of instructions; that the judgment is not supported by the evidence and that the motion for new trial should have been granted without limitation and the case should be retried on all issues.

Defendants sought to introduce evidence that the physician employed to care for defendant and her child had advised the discharge of plaintiff. While the fact that such advice was given might have some bearing on the question of the wrongful discharge, the conversations were properly excluded and no prejudicial error is apparent in the court’s ruling. Plaintiff was permitted to state that she considered the value of room and board was at least $150 per month. No other evidence on this point was offered and it is evident that the jury was not influenced by it as the verdict was for $1,500.