Legal Opinion

Huggins v. Kavanagh

Supreme Court of Iowa

Decided December 2, 1879PublishedCited by 6 opinions

Appeal from, Polk District Oourt. The petition contains several counts, and it is therein stated in substance that tlie defendant sold to tlie husband of the plaintiff, at various times between September, 1875, and March, 1S77, intoxicating liquor wliereby he became intoxicated, and thereby the plaintiff and her family were injured in their means of support.

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Appeal from, Polk District Oourt. The petition contains several counts, and it is therein stated in substance that tlie defendant sold to tlie husband of the plaintiff, at various times between September, 1875, and March, 1S77, intoxicating liquor wliereby he became intoxicated, and thereby the plaintiff and her family were injured in their means of support. There was a general denial of the allegations of the petition, trial by jury, verdict and judgment for plaintiff, and defendant appeals.

1Opinion of the CourtSeevers, J.

i. iKToxrcAevifielice0:181 damages. — I. Against the objection of the defendant the plaintiff was permitted to introduce evidence showing the num^er, ages and sex of her children. The object and Pul’Pose the introduction of this evidence must have been to affect the question of damages. The thought, no doubt, was that the extent of the recovery depended, at least somewhat, upon the number, age and sex of the children. We do not believe such is the law.

The statute gives a right of action to every child injured in its means of support as well as to the wife. Code, § 1557. As each has a right of…

2Cases cited2 opinions

  1. Ward v. ThompsonSupreme Court of Iowa · 1878
  2. La France v. KrayerSupreme Court of Iowa · 1875

3Cited by6 opinions

  1. Welch v. JugenheimerSupreme Court of Iowa · 1881
  2. Thomas v. DansbyMichigan Supreme Court · 1889
  3. Davis v. SeeleySupreme Court of Iowa · 1894
  4. Bellison v. A. Apland & Co.Supreme Court of Iowa · 1902
  5. In re OpavaDistrict Court, N.D. Iowa · 1916

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