Brantigam v. While

Citations

• 73 Ill. 561

Syllabus

<p>1. Intoxicating liquoks—measure of damages in suit by wife under see. 5 of Liquor Law of 1872. In a suit by a wife under sec. 5 of the Liquor-Law of 1872, the measure of damages is, the injury to the person or property or means of support of the plaintiff, and the jury, in determining the damages, should not take into consideration any mortification to the plaintiff’s feelings or mental suffering on her part.</p> <p>2. Same—exemplary damages for sale, when allowed. In a suit by a wife for selling liquor to her husband, under the Liquor Law of 1872, exemplary damages can not be recovered unless actual damages are found, unless it appears that the party charged sold the liquor after wafiiing and notice not to sell.</p> <p>3.. Where, in good faith, the employee of a saloon keeper is instructed not to sell to a person in the habit of getting intoxicated, and the servant wilfully disobeys the instructions, the principal is not liable to exemplary damages.</p>