Hodge v. Hodge

• Decision Date: 28 September 1907
• Citation: 47 Wash. 196,91 P. 764
• Parties: HODGE v. HODGE.
• Court: Washington Supreme Court

91 P. 764

47 Wash. 196

HODGE v. HODGE.

Supreme Court of Washington

September 28, 1907

Appeal from Superior Court, Skagit County; George A. Joiner, Judge.

Action by Woodbridge Hodge against Charles Hodge, administrator of the estate of Watson Hodge and Jennie Hodge, deceased. From a judgment for plaintiff, defendant appeals. Reversed with directions.

Million Houser & Shrauger, for appellant.

Smith &amp Brawley, for respondent.

MOUNT, J.

Respondent brought this action to recover upon a claim for services rendered to Watson Hodge, deceased, during his lifetime. The respondent in his complaint alleged that he performed labor and services for his brother during his lifetime between December 1, 1903, and December 1, 1904, 305 days, at $1 per day, amounting to $305; that he cared for his brother during his last illness 143 days, from December 1, 1904, to April 23, 1905, at $2 per day, amounting to $286; that a claim for these amounts was presented to the appellant as administrator, and rejected. The answer of the administrator denied that respondent had rendered any services to the deceased. Upon these issues the case was tried to a jury, and a verdict was returned for the full amount claimed by the respondent. A motion for new trial was filed by the appellant. When this motion came on for hearing, the appellant offered to allow $50 on account of services rendered by respondent during the last sickness of Watson Hodge, and the court gave respondent the option of having a new trial granted or accepting $50 in lieu of the award of the jury of $286 for the services rendered during the last sickness of said deceased. The respondent accepted this offer, and judgment was thereupon entered for $540 for services rendered prior and $50 additional for care of said Watson Hodge, deceased, during his last sickness. This appeal is prosecuted from that judgment.

The only point made on this appeal is that the court erred in not sustaining appellant's motion for nonsuit at the close of plaintiff's evidence. The facts shown by the case are, in substance, as follows: The respondent, Woodbridge Hodge, and Watson Hodge, deceased, were brothers. The former at the time of the trial was 72 years of age. His brother at the time of his death was two years his senior. Watson Hodge died on April 23, 1905. About five or six years prior to Watson's death respondent came to this state to visit his brother Watson, whom he had not seen for about 40 years and who at that time was living with his wife on a little farm on Samish Island, in Skagit county. Respondent thereupon made his home with Watson and his wife when he was not working for other persons. In November, 1903, Mrs. Watson Hodge died, and within a month thereafter respondent took up his permanent abode with his brother Watson, the two living together thereafter on Watson's place, doing their own cooking and housekeeping, performing such work as was to be done on the place, such as making garden, milking the cow mowing the meadow of which there was one or two acres, and building a small fence, and taking care of a government light for which Watson Hodge was keeper at a monthly salary of $15. Upon the proceeds of all this work the two old men lived together. ...