93 Iowa 746 | Iowa | 1895
I. The plaintiff is the widow of Andrew M. Miller, deceased, who came to Ms death on the eighteenth day of September, 1892, by falling out of a wagon while intoxicated. . The claim is made in the petition that the appellant and other defendants in the action sold plaintiff’s husband the intoxicating
It appears that the plaintiff’s husband was a plasterer by occupation, and resided in the city of Glen-wood. He owned a team of houses and a wagon. On the morning of the eighteenth day of September, 1892, he and some two or three others went into the country, in the wagon;, to do. some work. One of the men who •Was with him testified as a witness, in part, as follows): “I reside in Glenwood, and have lived there for about seventeen years. I was acquainted with A. M. Miller in Ms lifetime. He was a plasterer. He earned four dollars a day. I have seen him working quite a number of times. He lived across the railroad in Glen-wood. Sometimes he laid brick. I recollect the circumstances of his death. I saw him on the south, side of the square in Glenwood the day he was killed. He was going out beyond Mineóla to work for a man- whose name, I think, was Hansen. Going out to build a flue and do some plastering. I was engaged on the sarnie piece of work with him. ‘ I went over to Mineóla with Mm, in the same conveyance. We had no liquor with us that morning before going. We arrived at Mineóla about ten o’clock. We there got some crackers and cheese. Went over to dry goods store and grocery. We took this lunch at the hotel in Mineóla. We got our lunch that morning at the hotel. In the hotel there is a bar in one part. I think it is in the north. We took the lunch in the room where the bar was. We had some beer to drink there that morning. We took about three glasses apiece. I didn’t get anything else
II. The court, in the charge to the jury, directed them that the defendants were liable if they “sold or
III. Section 1557 of the Code provides that in cases like this the plaintiff! may recover “for all damages actually sustained as well as exemplary damages.”
IV. It is urged that one of the counsel for the plaintiff was guilty of such misconduct in the closing