Flynn v. Fogarty

Citations

• 106 Ill. 263
• 1883 Ill. LEXIS 167

Syllabus

<p>1. Death occasioned by intoxication—suit by widow for injury in her means of support by the loss of her husband—grounds of action under Dram-shop act. In a suit by a widow against a dram-shop keeper to recover for an alleged injury in the means of support of the plaintiff as the result of the death of her husband, occasioned by his being in a state of intoxication produced by the drinking of intoxicating liquors furnished to him by the defendant, to make out a ease under the statute it is necessary to establish, first, that the defendant sold or gave to the plaintiff’s husband intoxicating liquors; second, that the giving or selling of such liquors caused, in whole or in part, his intoxication; third, that such intoxication caused his death; and fourth, that by reason of his death the plaintiff was injured in her means of support.</p> <p>2. Same—inference of injury to means of support—shifting the burden of proof. If, upon the trial in such a suit, the death of the plaintiff’s husband is shown, and that his death was occasioned by intoxication produced by liquors sold or given to him by the defendant, in the absence of any proof to the contrary the jury will be warranted in inferring therefrom an injury to the plaintiff’s means of support. That will be sufficient to shift the burden of proof, and entitle the plaintiff to at least nominal damages.</p> <p>3. Same—measure of damages—of evidence proper to be considered. In such case, in order to ascertain the measure of the plaintiff’s loss from the death of her husband, it is proper to show his age, what he himself had done in his lifetime, the character of his business, his habits of industry and thrift, income, and all that sort of thing, with a view of determining what he probably would have continued to do but for his death.</p> <p>4. But what the widow may have done, or what expenditures she may have made, since his death, in respect to the business in which her husband had been engaged, would afford no ground