Confrey v. Stark

Citations

• 73 Ill. 187

Syllabus

<p>1. Intoxicating liquors—punitive damages in suit by wife. Under the statute relating to intoxicating liquors, the wife of one intoxicated must have sustained actual damage by injury to her person, property or means of support, before she can recover punitive damages, in a suit against one causing such intoxication.</p> <p>2. Same—when seller is not liable to wife. Where the husband has an abundance of means of support for himself and family, and liquor is sold to him, and he becomes intoxicated, but does not injure the person of his wife, or his or her property, the wife will have no cause of action against the seller.</p> <p>3. The law was not designed to enable those well provided for to sue and recover simply because the husband and father may become intoxicated, and, while in that condition, loses time, neglects his business, or becomes injured, or earns less money, or even loses it by neglect of business, and hence is not possessed of as large means as he otherwise would have been. It is onty to protect the wife and family against immediate or probable want of adequate support.</p> <p>4. Remedy—per diem for talcing eare of intoxicated person. The $2 per day given for taking care of a person injured by intoxication can not be recovered by a wife of the injured party in an action on the case. This can be recovered only in an action of debt, as prescribed in the fourth section of the act.</p> <p>6. Same—for statutory penalty. It is a uniform rule, that, where a statute gives a penalty and prescribes the form of action for its recovery, no recovery can be had except in such form of action.</p> <p>6. Briefs—should not be indecorous. The practice of using indecorous language towards the judge below, in the briefs of counsel, is condemned and censured</p>