Betting v. Hobbett

Citations

• 142 Ill. 72
• 30 N.E. 1048

Syllabus

<p>1. Intoxicating mquobs — action by widow against saloon-keeper for death of her husband — measure of recovery. In an action by a widow to recover for an injury to her means of support by the death of her husband, occasioned, as alleged, by the sale to him of intoxicating-' liquors, by the defendant, the jury may take into consideration, in as-. sessing her damages, not only the wages and earnings of her husband,, but also the age and probable life of the husband till terminated by natural causes, together with all other facts and circumstances shown in evidence. In case of the husband’s death the loss to the wife’s means-of support is eo-extensive with her life, and the general average of the husband’s contributions can only be ascertained from proof of his-wag'es and earnings, which furnished her means of support.</p> <p>2. In an action by a widow against saloon-keepers to recover damages for a loss in her means of support by the death of her husband, caused by his intoxication, the jury may infer a loss to plaintiff’s means, of support from proof of the husband’s death, alone. So proof that, the husband was a good workman, and a strong, healthy young man,, earning $20 a month, which was devoted to the support of the family,, and that he paid rent of house, for his wife’s clothing, and for provisions, his death is actual evidence of the wife’s loss in her means of support; and this is not overcome by proof that she also labored, kept boarders, and that the husband collected money which she had earned.</p> <p>3. It does not follow that because a wife may be able-bodied and can earn a livelihood, she does not suffer injury in her means of support by the loss of her legal supporter. Nor does it so follow where-she may have independent means of her own.</p> <p>4. Same — action by widow for death of her husband — exemplary damages. In an action by a widow to recover for an injury to her means of support by the death of her husband, caused by the selling and giving of