Jutila

This was an aetion by a husband to recover damages re* *609 suiting from the death of his wife through the wrongful act and neglect of the defendant. The jury returned a verdict in tho sum of $1,500 in his favor, and the judgment has been brought here for review.

Section 6644 of the Idaho Compiled Statutes of 1919, provides:

“When the death of a person, not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing tho death; or if such person be employed by another person who is responsible tor his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case may be just.”

Tho complaint did not allege that the husband was the sole heir of the wife, nor did it contain anything on that subject, beyond the simple allegation that he was the husband. No objection was interposed to the complaint on that ground by motion, demurrer, or answer. During the progress of the trial it appeared that tho deceased was survived by two daughters, who were likewise heirs, and because…