Emory v. Addis

Citations

• 71 Ill. 273

Syllabus

<p>1. Assignment of error — instruction given by consent. Where no exception is taken to the giving of an instruction at the time it is given, and the record shows that it was given by agreement of parties, they are precluded from assigning it as a cause of error, whether it states a correct principle of law or not.</p> <p>2. Error—how availed of. When excessive damages are not assigned as a ground for a new trial in the court below, nor for error in the Supreme Court, the appellant is not in a position to have that question reviewed.</p> <p>3. Hew trial—newly discovered evidence. A motion for a new trial, based upon newly discovered testimony, should be supported by the affidavits of the witnesses by whom it is proposed to prove the facts relied on, or show some excuse for not obtaining them.</p> <p>4. Intoxicating liquors—remedy of party injured. In a suit by a wife to recover damages for injury to her means of support, by reason of the death of her husband, caused by intoxication produced by intoxicating liquors sold to him, it will avail the defendant nothing to show that other persons sold liquor to the husband that may have contributed to his intoxication. The statute has given an action to the party injured, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication in whole or in part.</p> <p>5. The party injured may elect to proceed, severally or jointl;-', against the persons who caused the intoxication, but. there can be but one satisfaction for the injury. A recovery and satisfaction by the party injured against one, would constitute an effectual bar to any recovery against another who may have, “in part,” contributed to cause the intoxication.</p>