County Commissioners of Harford v. Hamilton

Miller, J., delivered the opinion of the Court. This suit was brought by the mother of a minor child whose father had died before the injury complained of. The declaration charges that the defendants were bound to keep the public roads of the county in repair, that one of said roads was negligently suffered by them to be out of repair, whereby George H. Hamilton, the minor son of the plaintiff, in travelling over the same with due care, was hurt and injured, that the father, of said George is dead and the plaintiff, his mother, was and is entitled to his services, and by reason of said negligence of the defendants, and the hurt and injury to her son occasioned thereby, she was deprived of his services,, and suffered great, loss in being so deprived thereof, and was put to great expense, cost and trouble in watching, nursing and waiting on him, and in medical attendance, which she had to procure and pay for, and which was rendered necessary by the hurt and injury aforesaid. The defendants pleaded non cul. and the case was tried on issue joined on this plea.

At the trial the plaintiff proved she was the mother of George H. Hamilton named in the declaration, and that his father died in the year ISTS. She also offered evidence to prove that the road mentioned in the declaration, was one of the public roads of Harford County, and at the time of the alleged injury was out of repair and unsafe for public travel; that her son was then seventeen years of age, able to do the work of a man, was a good farm hand, and was living with and working for her; that on the night of the 6th of August, 1880, while riding over the road-referred to, on a gentle and sure-footed horse, he was, by reason of the bad condition of the road and with ³⁴⁵ out any negligence on liis part, thrown from his horse and severely injured, from the effects of which he was confined to his bed for eight or nine months, requiring constant nursing, care and attention, and medicine and medical attendance, all of which were furnished by the plaintiff, and that during all that time, and ever since, he has been unable to do any work. The defendants then offered evidence to prove that at the time of the injury the road was in good condition and repair ; that there was no unsafe or dangerous place in it at or near where the accident happened, and that it was then and there in safe condition lor public travel. They also offered evidence to prove that at the time of the alleged injury the son was not in the service or employment of his mother, but was working as a farm hand with his brother, on a farm the latter had leased from one Vail, and was earning his own support.

This was all the evidence, so far as the record shows, offered on either side. Several prayers -were then offered on both sides, and to the rulings of the Court upon these, the single exception in the case was taken. The appellants’ counsel have mainly relied upon two objections to these rulings: 1st. They insist that a mother is not, by law, bound to support her minor son after the death of his father, nor is she entitled to his services, and hence there was error in allowing a recovery for such services under the plaintiff’s first and third prayers which were granted.

In the case of Keller vs. Donnelly, 5 Md., 217 , which was an action by a mother tor the seduction of her minor daughter, per quod, servitium amisil, the Court say: “ The policy of the legislation of this State in regard to females is, that until they are eighteen years of age they are to be considered minors, and where the mother is left the natural guardian she is entitled to her services, unless under the law the girl be apprenticed to serve at some trade or em ³⁴⁶ ployment until she arrive at age. The Act of 1834, ch. 228, expressly recognizes the mother as the natural guardian of her children, making no distinction between males and females.” And in Coughlan’s Case, 24 Md., 107 , which was an action under the statute, in the name of the State for the use of a mother, against a railroad company for the killing of her infant son, it is expressly stated, that “the law entitles the mother to the services of her child during his minority, the father being dead.” But assuming these expressions are obiter dicta and not adjudications of this question, still the appellants’ counsel