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D'AURIA v. LIPOSKY ET UX. (01/16/62)

January 16, 1962

D'AURIA
v.
LIPOSKY ET UX., APPELLANTS.



Appeal, No. 14, April T., 1961, from order of Court of Common Pleas of Fayette County, Dec. T., 1956, No. 427, in case of Mathilda P. D'Auria v. Andrew E. Liposky et ux. Order reversed.

COUNSEL

Anthony Cavalcante, for appellants.

Lewis M. D'Auria, with him Thomas A. Waggoner, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P.j., absent).

Author: Flood

[ 197 Pa. Super. Page 272]

Opinion by Flood, J.

This is an appeal from an order overruling the defendants' motions for a new trial or for judgment n.o.v. following a trial in which the jury awarded the plaintiff $2,000 in her suit to recover sums totaling approximately $7,000 which she allegedly earned and turned over to the defendants while living in their home, upon the defendants' agreement to return them to her when she left their home or married.

1. The motion for judgment n.o.v. was properly overruled. In support of her claim, the plaintiff testified that she and her younger sister were taken away from their natural parents as neglected children in November, 1937, when she was eight years old, and placed with the defendants with whom she continued to live until 1953, when, at the age of twenty-four, she moved to Cleveland, Ohio, and was married.

Plaintiff testified that she began working in a store, which the defendants operated without profit, when she was ten or eleven years old and that she continued to

[ 197 Pa. Super. Page 273]

    help out in the store as long as she lived with them. She also dusted and cleaned around the house, washed and ironed clothes and made deliveries of milk from the defendants' cows. After she was graduated from high school in 1947, at the age of eighteen, the plaintiff took a job, and thereafter she continued to work and receive weekly pay checks or unemployment compensation checks until she moved to Ohio. When she was not working, she helped out in the store.

Plaintiff testified that when she brought her first pay check home in July, 1947, the wife defendant, in her husband's presence, told her to hand over the check, that she would save the money for plaintiff until she left home or got married, and that the work which the plaintiff did in the store and around the house would take care of her room and board. Thereafter, the plaintiff turned over all of her checks to the defendants who returned $8.00 to her each week for spending money. Plaintiff testified that she never received ...


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