111 Wash. 351 | Wash. | 1920
On August 28, 1918, one Albert W. Schultz was injured by an automobile driven by an employee of the Western Farm Tractor Company, dying from the effects of the injury on the day following. Schultz left surviving him a widow, and a minor son by a former wife. The widow was appointed administratrix of his estate, and later on began an ac
The statute which gives a right of action for wrongful death (Laws of 1917, p. 495), while providing that such an action may be maintained by the personal representative of the person whose death is wrongfully caused, for the benefit of certain designated relatives of such person, does not in terms prescribe any rule by which the fund is to be apportioned. Seemingly it could be contended with some plausibility that an equal division was intended, or, at least, where, as here, there is a widow and a child entitled to share, the widow’s portion could not exceed one-half. But as the case is presented, it is unnecessary to determine the question. The child, who received the minor part, is not complaining and has not appealed.
Meeting the question on the ground chosen by the parties, we see no reason to change the award. At the time of his marriage with the present appellant, Mr. Schultz was well along in years. He had at that time no property whatsoever, but was dependent entirely on his personal labor for Ms support. The marriage occurred but thirteen months prior to his death, and
On the other hand, the son had a substantial claim on his father’s bounty. He is a cripple. In his early boyhood, because of some misfortune which had overtaken him, his left arm was amputated at the shoulder. He has but a moderate education and there are, in consequence, but few pursuits open to him by which he can earn a livelihood. From his birth until his early youth he was supported entirely by his father, and from the time he began to do something for his oavu support, up to the time of his father’s marriage with the appellant, if not up to the time of his death, he has been a recipient of a part of his father’s somewhat meager wage. This is cut off by the death of his father, and to him it is a serious loss.
The appellant contends that, in any event, the award is too large. She calls attention to the fact that, had the monthly sums the son claims to have received from his father been continued up to the time he would
There was no error in the order and it will stand affirmed.
Holcomb, C. J., Mount, Tolman, and Bridges, JJ., concur.