Legal Opinion

King v. Bell

Nebraska Supreme Court

Decided July 15, 1882PublishedCited by 9 opinions

Error to the district court for Richardson county. Tried below before Weaver, J. Recovery must be a pecuniary recompense for a pecuniary loss. Damages not recoverable for wounded feelings and disgrace. Kearney v. Fitzgerald, 43 Iowa, 568. Nor for loss of society and companionship. Dunleavy v. Watson, 38 Iowa, 400. The pleadings go to the jury.

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Error to the district court for Richardson county. Tried below before Weaver, J. Recovery must be a pecuniary recompense for a pecuniary loss. Damages not recoverable for wounded feelings and disgrace. Kearney v. Fitzgerald, 43 Iowa, 568. Nor for loss of society and companionship. Dunleavy v. Watson, 38 Iowa, 400. The pleadings go to the jury. Jury in this case could see by petition that plaintiff claimed damages for the “mental anguish, disgrace, loss of society, etc., etc.” They could see further that defendant moved'the court to strike that portion out; could see that the court refused to…

1Opinion of the CourtMaxwell, J.

The defendant in error brought an action in the district court of Richardson county against John King and Fred Weber, W. J. Ralston, J. Wixel, and Daniel Lydick, to recover damages for the loss of means of support caused by the death of her husband, which it is alleged was caused by intoxicating liquors sold to him by the plaintiffs in error. On the trial of the cause a verdict was rendered in favor of the defendant in error, and against W. J. Ralston, Daniel Lydick, and John King, upon which judgment was entered.

The first objection is, that at the time the action was commenced, John King,…

2Cases cited1 opinion

  1. Roose v. PerkinsNebraska Supreme Court · 1879

3Cited by9 opinions

  1. Hess v. LowreyIndiana Supreme Court · 1890
  2. Gran v. HoustonNebraska Supreme Court · 1895
  3. Hanna v. Emerson, Talcott & Co.Nebraska Supreme Court · 1895
  4. Rice v. Van WhySupreme Court of Colorado · 1910
  5. First National Bank v. SlomanNebraska Supreme Court · 1894

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