Brannam v. Adams

Citations

• 76 Ill. 331

Syllabus

<p>1. Intoxicating liquor—civil liability of seller to person carring for intoxicated party. A saloon-keeper or other person who sells liquors and makes another drunk, is liable, under the act of 1872, in the first place to pay a reasonable sum for taking care of such person until he becomes sober, and the penalty of $2 a day for taking care of him after he becomes sober, if his drunkenness cause him to become sick, or he, while drunk, and in consequence thereof, injures himself so as to require others to care for him, on account of his inability to do so for himself.</p> <p>2. If a party sells another liquor that makes him drunk, and while drunk from the liquor so sold him, and in consequence of his intoxication, falls and breaks his leg, so that it becomes necessary for some one to take care of him until he recovers, the party who does so care for him will be entitled to recover of the seller of the liquor, but such recovery will be limited to the time the injured person is unable to take care of himself.</p> <p>3. Same—whether the liquor sold was the cause of the injury. If the person intoxicated had recovered from the effects of the liquor sold him by the defendant, and was sober at the time of breaking his leg, or if he became sober and then got drunk on liquor procured from others before the accident, then the defendant will not be liable.</p> <p>4. Same—evidence on the question. Where it did not appear that a person receiving an injury-while drunk, at five or six o’clock in the afternoon, which made it necessary to care for him, had drunk at the defendant’s saloon after ten or eleven o’clock in the forenoon of that day, it was held error to refuse proof offered by the defendant to show how long it usually requires an intoxicated person to get sober when he drinks no other liquor. Any evidence tending to show that the person had become sober before the accident, or was made drunk by liquor obtained from some one other than the defendant, is admissible and prop