148 Mass. 550 | Mass. | 1889
The facts disclosed in the present case were sufficient, if taken by themselves alone, to warrant the jury in finding an implied emancipation by the plaintiff of his son, which would cut off the father’s right to collect and have the son’s earnings, or to maintain an action of tort founded on the loss of the son’s services. Nightingale v. Withington, 15 Mass. 272. Wodell v. Coggeshall, 2 Met. 89. Abbott v. Converse, 4 Allen, 530, 533. Dumain v. Gwynne, 10 Allen, 270, 272. The Etna, Ware, 462. Stansbury v. Bertron, 7 W. & S. 362.
But the plaintiff contends that he did not in his own mind intend to emancipate his son, and the only question presented by the bill of exceptions is whether the plaintiff’s undisclosed intent was a material element to be considered. If it was material, no doubt the plaintiff might testify to it directly. But
The father’s claim to recover damages for a personal injury to the son rests on the same ground as a claim to recover for his wages. He had forfeited his rights by his acts.
Exceptions overruled.