150 Iowa 119 | Iowa | 1911
For the purpose of understanding the rulings hereafter to be commented upon with reference to the admission of evidence and the giving of instructions, the following brief statement of the nature of the case
I. Many errors are alleged to have been committed by the trial court in rulings on the admission and exclusion of evidence, but an examination of the record satisfies us that appellant’s contentions in this respect are entirely without substantial merit. Questions objected to as calling for opinions and conclusions of witnesses were not, so far as we can see, beyond the limits of the rules usually applied to witnesses testifying to value of services over plaintiff’s objection that they were not qualified to express an opinion. Questions to which objection was made on the
I. Husband aand wife: by£husrbandery II. The motion of the defendant to take from the jury that portion of the evidence in support of plaintiff’s claim which, was based on the value of services of plaintiff’s wife rendered to decedent during her last illness was properly overruled for the reas0I3L that it did not. appear that the wife rendered such services under any contract of her own or in pursuance of a separate calling.
For appellant’s counsel to point out simply that some portions of plaintiff’s claim are not supported by the evidence is not sufficient to justify us in setting aside the verdict, for the jury allowed less than one-half of plaintiff’s claim, and it is evident therefore that some portions of the account, presumably the portions not supported by sufficient evidence, were rejected. It is not contended that the verdict is excessive if any portion of the claim can be sustained, and we have no occasion therefore to discuss the sufficiency of the evidence as to various items of account.
Finding no error in the record, the judgment is affirmed.