Legal Opinion

Calloway v. Laydon

Supreme Court of Iowa

Decided December 13, 1877PublishedCited by 9 opinions

Appeal from Des Moimes District Gov/rt. . The plaintiff avers in her petition that she has been injured 'in her means of support' and in her health, by the intoxication of her husband produced by liquor sold him by the defendant. . The evidence tends to show that she has been injured in " her means of support.

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Appeal from Des Moimes District Gov/rt. . The plaintiff avers in her petition that she has been injured 'in her means of support' and in her health, by the intoxication of her husband produced by liquor sold him by the defendant. . The evidence tends to show that she has been injured in " her means of support. As to injury to her health or person, the evidence shows that the plaintiff’s husband when intoxicated frequently threatened to kill her, but does not show that he ever attacked her or inflicted any physical injury upon her. The court allowed a witness to testify, against the objection…

1Opinion of the CourtAdams, J.

i. intoxicadamagesj01 s" lauguage. It is obvious that physical injury may result indirectly from what affects directly only the mind. In this way threatening language and vulgar conduct by the husband toward the wife might, if long continued, result in the impairment of her health. Evidence of threatening language and vulgar conduct would be admissible in connection with any evidence tending to show that it had the effect to impair the plaintiff’s health. In this case there is no evidence so far as the abstract shows that the plaintiff’s health was impaired by any word or act of her husband.…

2Cases cited1 opinion

  1. Baldwin v. SagerIllinois Supreme Court · 1873

3Cited by9 opinions

  1. Price v. PriceSupreme Court of Iowa · 1894
  2. Pennington v. GillaspieWest Virginia Supreme Court · 1910
  3. Duffies v. DuffiesWisconsin Supreme Court · 1890
  4. Welch v. JugenheimerSupreme Court of Iowa · 1881
  5. State v. SimmonsSupreme Court of Rhode Island · 1974

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