Myers v. Conway
Supreme Court of Iowa
Appeal from TJnion District Gow't. This is an action for the recovery of damages for selling intoxicating liquors to the plaintiff’s husband, causing his intoxication, and injuring the plaintiff in her means of support. The action is brought under sections 1556 and 1557 of the Code There was a jury trial, and a verdict and judgment for the plaintiff for $6,000. The defendants appeal.
1Opinion of the CourtDay, J.
i. intoxicadaunigostor3' sale ol: wine and beer. — I. There was a conflict in the evidence as to whether the liquor sold to' plaintiff’s husband, and on account of which this action is instituted, , . , , was whislcy or beer.
The court instructed the jury as follows: “ If in this cause you And that defendants sold intoxicating liquors (including wine and beer) to the husband of plaintiff, and on account thereof the plaintiff has been deprived of her means of support, then the plaintiff should' recover what such support is reasonably worth, and you will so find.”
This instruction is erroneous.…
2Cases cited1 opinion
- Woody v. CoenanSupreme Court of Iowa · 1876
3Cited by2 opinions
- Huff v. AultmanSupreme Court of Iowa · 1886
- State ex rel. Dark v. MannIndiana Court of Appeals · 1909