Walsh

The plaintiff alleges that his wife employed George H. Derrick for a compensation to perform, and he performed an illegal operation on her. The plain tiff heard of the incident, a family quarrel was had, the wife obtained a divorce and the custody of the minor child, and the plaintiff commenced an action against Derrick to recover damages. It is not alleged that the plaintiff’s wife was confined to her bed or made sick, or that medical expenses were incurred, but it is alleged the plaintiff’s wife left him on May 9, 1927, and that" since then they have continuously lived apart.

In his claim for damages the plaintiff inserted (1) loss ,of services, $15,000; (2) loss of services of his daughter, $15,000; (3) loss of the unborn child, $20,000. Derrick interposed a demurrer. Before the demurrer was heard Derrick died testate and his wife was appointed executrix of his estate. The plaintiff presented his claim to the executrix of the estate of Derrick, the claim was rejected, and the plaintiff prepared a supplemental complaint and moved to substitute the executrix in the place of the deceased. The plaintiff supported his motion by his complaint, supplemental complaint and all the…