VALUE OF A MOTHER.

Auckland Star, Volume LXIII, Issue 259, 1 November 1932, Page 9

VALUE OF A MOTHER.

ARGUMENT IN COURT. QUESTION OF ASSESSMENT. SEQUEL TO FATAL ACCIDENT. (By Telegraph.—Special to "Star.") PALMERSTOX N., this day. How much is a mother worth to her children? A ruling on the point was given by Mr. Justice Blair in the Supieme Court, in a case in which Herbert Fitzherbert, husband of Winifred Fitzherliert, claimed £150() from James Bernard Heed, owner of a car which a short tinie ago was involved in an accident that resulted in Mrs. Fitzherbert's death. Plaintiff is suing in the capacity (if 'evcciitor of his wife's estate, for the benefit of their three children.

Counsel for defendant .argued that (here was no evidence that the sonhad suffered pecuniary loss througlr 7 the death of his mother. The mother of deceased (who is also named in the claim) WPS a lady of independent means, merely living at -her daughter's ,Ims.band's lionis: There could be no suggestion of financial assistance for her. His Honor, agreed that there could hardly he pecuniary loss. Counsel maintained there had been no financial loss to the children, plaintiff, who had abandoned his own claim, no dorbt.had "IoH the benefit of tis wife's .1 ristniipe,''which could probp! ly be mc.ii'KVcd in money..value,"- bet tßat cir. ini '"was not before the' Court. ISo far us the two daughters were concerned they had lost in every sense the guidance, help arid education which could be given to girls by their mother, but counsel contended tr-r.t that was not capable of being measured in money.

His Honor observed that there were a large, number of legal authorities to support the contrary view. There were ample authorities to shqw that for children of tender years —the age at ■which they needed- their motKer—-the loss wa?; financially conipeiifatable. The same circumstances probably did not apply to the son ae the daughters, for, although he had lost a good mother, he was nearing manhood.

Couheel maintained that any'lews suffercd ill that respect by the children could not be inensiired in £ s d for a compensation claim.

His Honor reiterated that there was evidence upon wliich the Court could iuvarcl compensation. Whi'e the α-lninis •if the grandmother and the eon could be disregarded, in the case of the two daughters they were probably entitled to a pecuniary allowance, assuming negligence. The case is proceeding.