58 F. 531 | 8th Cir. | 1893
after stating the facts as above, delivered tbe opinion of the court
The remaining specification of error relied on is that the court refused to make certain sections of the married women’s act of Arkansas a part of its charge to the jury. To have done so would
“The plaintiff is not entitled to recover anything except the actual value of her services to him, if any, in dollars and cents. It is not a question of sentiment, and you must disabuse your minds of that, gentlemen; it is a question of actual pecuniary compensation. He is not entitled to recover anything for the loss of her companionship, of her love and affection, or anything of that kind. That must not enter into your calculation as to the amount he should recover, but ho is entitled to recover what the proof shows her services would be worth to him. * * * I will say to you, in regard to the relation of husband and wife, that while in this state it is true that, so long as the wife chooses, her earnings and her property are her own, and not. subject to the control or direction or management of her husband, yet, if she chooses to give him her services, then he may have them; and in determining this question as to the value of her services, if you find from the testimony that she did, from the time of her marriage up to the time of her death, give him her services and her earnings, that is a circumstance 1 o'consider in determining whether or not she would continue to do so. If you shall find from the testimony that her services were given to him, the next question is, wlmt were they worth in dollars and cents? You will not go into any field of imagination about this, but you must take it from the proof as given by the witness in this case, and you are the sole judges of that testimony. You are to say in dollars and cents what the value of her services should be.”
This charge was more favorable to the defendant than it had any right to ask. The judgment of the court below is allirmed.