Brannon v. Silvernail

Citations

• 81 Ill. 434

Syllabus

<p>1. Pleading and evidence—variance—whether material. Where, in a suit by a wife for injuries sustained by reason of the sale of intoxicating liquors to her husband, the allegation was that the defendant sold liquors to the husband, and thereby caused him to become an habitual drunkard, and the proof was that the liquors sold by defendant only in part caused the husband to become an habitual drunkard, it was held, there was no material variance.</p> <p>3. Intoxicating liquors—exemplary damages in suit by wife for sale to husband. The fact that the saloon keeper is liable to be indicted for the same act upon which a suit by a wife is brought against him, for selling liquors to her husband, does not preclude the wife from recovering exemplary damages, where she has first proved actual damages, and the evidence warrants exemplary damages.</p>