Bower v. Fredericks

Citations

• 46 Pa. Super. 540
• 1911 Pa. Super. LEXIS 311

Syllabus

<p>Liquor laws — Improper sale of liquors — Damages—Civil remedy— Acts of May 8,1834, P• P- 868, and May 18,1887, P. L. 108.</p> <p>1. The general liquor law of May 13, 1887, P. L. 108, does not in any manner affect or repeal the civil liability provided for by sec. 3 of the Act of May 8, 1854, P. L. 663.</p> <p>2. In an action against a retail liquor dealer to recover damages for the death of plaintiff’s husband a verdict and judgment for the plaintiff will be sustained where the evidence shows that the defendant had been notified by the plaintiff not to sell her husband liquor, that notwithstanding this notice the defendant did sell liquor to the deceased and shortly after this sale the defendant was observed sitting on his wagon in an intoxicated condition and that subsequently other parties saw the deceased’s dead body being dragged behind his wagon.</p> <p>Negligence — Damages—Carlisle tables.</p> <p>3. Where in an accident case the Carlisle tables are introduced in evidence and the court in its charge tells the jury that the tables are only to be considered as an aid in determining the expectancy of life, and that they are to consider also the health of the deceased, his ability and disposition to labor and his habits of living and his expenditures, the court has done all that it is required to do, and if the defendant desires more specific instructions on the subject he should ask for them.</p>