52 Iowa 698 | Iowa | 1879
It is also objected that the daughter could not recover, in the absence of an agreement, from the mother for these services, and the testimony was, therefore, incompetent. But it does not follow that plaintiff cannot recover because the services were rendered to her gratuitously. The defendant ought not to profit by the generosity of the daughter, or on account of the relation between the plaintiff and her nurse. The defendant ought to pay the damages sustained by plaintiff. Outlays and services in nursing her are proper elements whereon damages are based.
III. No exceptions were taken to the instructions given to the jury; they cannot, therefore, be the grounds of objections in this court; we are not permitted to consider the errors assigned thereon. We may, however, remark that the instructions appear to us to be correct.
VI. A motion for a new trial on the ground that the verdict is not supported by the testimony, and is in conflict with the instructions was overruled. This action of the court is made the ground of an objection here. We cannot consider it for the reason that the abstract does not purport to contain all of the evidence. To enable us to determine whether the findings of the jury are in harmony with or supported by the testimony it should all be presented to us.
No other questions are before us for consideration. The judgment of the Circuit Court is
Affirmed.