125 Iowa 404 | Iowa | 1904
A number of points are made in appellant’s argument,- but, in view of the final disposition of the case, we shall not consider all of them.
Bellison v. Apland, 115 Iowa, 599, relied upon by appellant, is not in point. There was no deprivation of future support in that case, as in this; and the instruction there given which was condemned, instead of referring to evidence of actual support, simply stated the duty that a husband was under, without reference to his ability to earn money and to support his family, or to the condition of his estate, etc. When loss of past support is counted upon, it may be that such a defense as was here relied upon would be availing; but not so where the action is for loss of future support. The jury was directed to consider the husband’s age, habits of life, the amount he earned and was furnishing his wife for support at and before his death, in making up
For the errors pointed out, the judgment must be and it is reversed.