#### Ella McCorkle, Appellant, v. Estate of John McGinnis, Appellee.

Gen. No. 5,940.

(Hot to he reported in full.)

Appeal from the Circuit Court of Peoria county; the Hon. Nicholas E. Worthington, Judge, presiding. Heard in this court at the April term, 1914.

Affirmed.

Opinion filed July 31, 1914.

Statement of the Case.

Action by Ella McCorkle against the Estate of John McGinnis, deceased, to recover for plaintiff’s services in nursing and caring for the deceased in his lifetime. Trial was had upon plaintiff’s claim in the Probate Court before a jury and the issues were found for the estate. Plaintiff appealed to the Circuit Court, in *611which a verdict was returned in her favor for $1,750. A motion by plaintiff for a new trial was overruled, and judgment was entered upon the verdict. The plaintiff, not satisfied with the amount of the judgment, appeals.

Abstract of the Decision

1. Damages, § 190*&emdash;when amount of verdict for services will he sustained. The amount of the verdict recovered by plaintiff in an action against the estate of her deceased uncle for nursing and caring for him during his illness, held not grossly inadequate and against the weight of the evidence, it appearing there was no dispute as to the weekly sum to be paid, but the evidence was conflicting as to the number of weeks which the deceased required care for which she was to be paid.

2. Appeal and ebbob § 1547*&emdash;when giving of instruction assuming facts harmless. In an action by the plaintiff against the estate of her deceased uncle for nursing and caring for him in his ill health, error in the giving of instructions which assumed that plaintiff was a member of the family of deceased during the time she nursed and cared for him, and stating plaintiff could not recover in such case, held harmless where the jury found by its verdict that she was not a member of the family and allowed her a verdict for an amount they thought proper under the evidence.

3. Appeal and ebbob, § 1464*-&emdash;when error in ruling on competency of witness harmless. Error in refusing to permit a witness to testify on the ground of incompetency, held harmless where the testimony was of slight importance and other witnesses had already testified to the matter in detail.

W. T. Whiting, for appellant.

Judson Starr, for appellee.

*

See Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Dibell

delivered the opinion of the court.