Cruse v. Aden

Citations

• 127 Ill. 231
• 3 L.R.A. 327

Syllabus

<p>1. Intoxicating liquobs—sale or gift thereof-^-mot actionable at common law. By the common law it is not a tort, for which an action lies, to either sell or give away intoxicating liquors, and such an act, at. the common law, is not culpable negligence that will impose a legal liability for damages upon the vendor or donor of such liquor. The right to recover damages for such an act is purely statutory.</p> <p>2. Same—injury to means of support, by sale or gift—right of action, against whom—under the. Dram-shop act. Section 9 of the Dram-shop act does not apply to persons who are not, directly or indirectly, or in any way or to any extent, engaged in the liquor traffic; and the right of áction therein given to one injured in her means of support is not intended to be given against one who, in his own house, or elsewhere, gives a glass of intoxicating liquor to a friend as a mere act of courtesy or hospitality, and without any purpose or expectation of pecuniary gain or xirofit.</p> <p>3. Under section 13, article 4, of the constitution of 1870, providing that no act shall embrace more than one subject, which shall be expressed in its title, and making void all provisions not so expressed, section 9 of the Dram-shop act, entitled “An act to provide for the licensing of and against the evils arising from the sale of intoxicating liquors,” if intended to render a person liable to an action for damages who is not engaged, either directly or indirectly, in selling intoxicating liquors, but who merely gives a drink or two of wine, beer or other liquor to a guest, friend or neighbor, as a mere act of courtesy or hospitality, would be void, as not being expressed in the title. But the matters contained in sections 6,9 and 13, if limited to those who are in some way connected with the liquor traffic, are apxiropriate and germane to the subject expressed in the title of the act.</p> <p>4. In determining the scope of the statute relating to dram-shops, and arriving at the t