38 Iowa 398 | Iowa | 1874
— On the trial the court, against defendant’s objection, admitted testimony, tending to show what the habits of the plaintiff’s husband were, as to industry and sobriety, prior to the time when defendant sold him intoxicating liquors, and what those habits were subsequently. This ruling is complained of as erroneous.
If the plaintiff’s husband was a sober, industrious man, providing for and supporting his family, prior to the time when the defendant caused his intoxication by selling to him
II. Appellant’s counsel urges that the fifth instruction given by the court is erroneous in that it authorized the jury to find in favor of th'e plaintiff for the “loss of society and companionship of her husband.” 'In-this counsel are clearly mistaken, for the instruction complained of pointedly tells the jury that “the plaintiff cannot recover for the loss of society and companionship of her husband.” The objections urged against the next two instructions are based upon this' same mistake as to the purport of the fifth instruction.
It would seem that iri order for the jury to properly estimate or measure the injury, if any, to the means of support of the plaintiff, caused by the sale of intoxicating liquors to her husband by the plaintiff, the facts enumerated in this ■instruction were proper to be considered by them. The injury •to the means of support of a married woman caused by the sale of intoxicating liquors to her husband, by which he acqrtires habits of intemperance and idleness, might vary greatly according to the age, condition, and circumstances of herself and husband.
These views are not in conflict with the doctrine of Guengerech v. Smith, 34 Iowa, 348. That case was an action for
The evidence, therefore, necessary or competent to establish the injury and its extent, is not confined, necessarily, within the bounds of that admissible to establish a common law tort.
Again in respect to the newly discovered evidence there is no showing of facts constituting diligence on behalf of the
The fact here shown is one of those which this court has frequently held the affidavit of a juror inadmissible to establish. The case of Bingham, v. Foster, (filed at the October Term, 1873, at .Dubuque) is exactly in point. In that case like this, an affidavit of a juror was obtained to show that he had been unduly influenced by a statement of his fellow jurors, and it was held inadmissible to impeach the verdict. See-also Wright v. The Ill. & Miss. Tel. Co., 20 Iowa, 195, and cases cited. The judgment of the Circuit Court will be
Affirmed.