Special Issues — Measure of Damages — Appeal and Error.
In dismissing an application for writ of error for want of jurisdiction — Correct Judgment, the Supreme Court does not approve the holding by the Court of Civil Appeals that the trial court should have sustained an objection made to a special issue because of its failure to give to the jury the element of expense to which plaintiff would be subjected in maintaining deceased during her natural life, if she had lived.
PER CURIAM.
The application for writ of error is dismissed for want of jurisdiction — correct judgment. In entering such order we do not approve the holding of the Court of Civil Appeals that the trial court should have sustained an objection made to the special issue upon the amount of recovery for its failure "to give the jury the elements of expense to which the plaintiff would be subjected during her lifetime in providing for her maintenance and support, probably illness or other proper and natural items of expense in connection therewith." We do not believe that the holding is supported by the authority cited for it.
Opinion adopted by the Supreme Court January 10, 1940.