The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1910-01-27

TX.
TO damages accruing to her. within
one year prior to the date, Of her
suit and up TO the date Of the death
OF her husband, and an instruction to
the jury on this subject should so
limit them in their verdict. III: :
5: In such an action by widow
against such retail liquor dealer,
proof of the Illegally of the sales of
1ntoxieants~ by him -to-her husband
supplies all the" elements necessary
In other actions of tort to show fraud
malice, oppression or wanton, wilful,
ofreckiess conduct; orzcriminaf indif-
ference to-civi1 obligation on the part
of the defendant, justifying the Jury
i 1-;aWafdi nes--e emp1ar r damages
against him, as provided by statute
3. In such an action If the plain
till be entitled to actual damages,
the jury may be told of an instruction
that they may also award exemplary
dam ages; but it is error to tell them
that they should award exemplary
damages. '2,.. J." - ~. ~ .',....,
z. 1t is a general rule, with few,
II any, exceptions, that a matter de-
cided'. ON appeal becomes, I'm. effect,
res Indicate in that case; or, as lit is
Frequently expressed, it becomes the
law of. that case in all subsequent
proceedings; but when on a second
appeal FOR writ Of error 1T appears
that the position Of the PARTIES has
not been hanged, Or 'their rights In
|jui1ously affected By the2 erroneous
Efu4ing of the appellate courtaon the
first .hearingTand that no Injustice or
hardship would result FROM overrul
ling, theo former 9decision; and it be
comes necessary to- reverse the case
for. other errors, the appellate court
may corFect;its ruling oar the former
|appear 'or. writ OF error, and direct
the lower court on new trial to dis
regard the first ruling. .,..... :.a-
- 8. I'm an act BY a widow under
said civil damage act, to recover from
the defendant damages for itnjdirysS+toj
sher person. and t cher means OF sup
[portITT resulting from Illegal ssles. of
|ihtoEicants TO her hMsband,-rif there
H., NO evidence, of''any. injury to her
person, it. is error to- submit tot, the
| jury III instructions given the queS-
ton Of, damages to her person y
f. 8. 1T is not reversible, error for
a trial ;court, having given one .i1-
struction- thereon; to refuse to reit
egate the: same proposition by other
Instructions to the Jury. r. 81
=. In an, action under said civil
damage act 1T is not error to refuse
TO- instruct the jury, that If they be-
lieYe, from the. evidence, that the
plaintiffs means of}tsupport derived
from her husband TOR the Year pre-
ceding tho date Of his death was as
much and as .adequate, .-as 1t had
heretofore :. been, they should find
for the defendant: The, wife rs, en-,
titled in. each year to the best sup
port, consistent with her station, in
life, that the husband in that year, .is
capable, Of providing, andaShe should
not be limited; IN her recovery by any
fSlch comparison. ',:f'' -. r., i.
IL" And it's in error in such. an
action to instruct the jury that. If
they should find that the plaintiffs
husband had, at all. times ire ta{ned
within the year prior to HIS death
properly support her according to
her station in life she could not re-
cover ...~. ss. ,...sII...,. .,., -:
II. In such . an, action against
him a liquor dealer is responsible
for actionable injuries caused, by
sales Of liquor, made by his agents or
servants within the general scope OF
their employment, though the par.
ticu1ar sale In question was made
without his knowledge or consent
or oven in disobedience to his general
or specific orders. .n~
f3. It is not error for the court
in an instruction. to the jury on the
subject Of the weight and prepon-
derance Of the evidence necessary tc
support the plaintiffs case to refuse
to'tell the' fury that they may ar,
rive at this conclusion not from the
number OF witnesses who may have
testified on either side OF the case
hut from the demeanor, character
reputation or credibility OF the wit
hesses" Such an instruction unless
some SUCH word as alone" 0,
merely" be inserted after the word
"not, is calculated to misIead the