Freese v. Tripp

Citations

• 70 Ill. 496

Syllabus

<p>1- IuTOxrcATrau iiquobs—statute relating to, how construed. The Liquor Statute of 1873, being of a highly penal character, providing a right of action unknown to the common law, in which the party prosecuting has a decided advantage, should, according to the well understood canon, receive a strict construction.</p> <p>3. Same—damages for mental anguish, eta,, not allowable. In a suit by a wife for the selling or giving of intoxicating liquor to her husband, the anguish or pain of mind or the feelings, suffered by her by reason of her husband’s intoxication, is not a matter for the consideration of the jury, in assessing damages, but the damages are confined to her injury in person, property or means of support.</p> <p>8. Same—exemplary damages. In an action by a wife against one for selling intoxicating liquor to her husband, no exemplary damages can be given without proof of actual damages, and an instruction that, if the act was not wilful or wanton, the jury should give exemplary damages, and, if it was wilful or wanton, they should annex more damages, is erroneous.</p> <p>4. Same—exempla/i'y damages not recoverable. As the statute has provided for the punishment of those who sell or give away intoxicating liquors contrary to its provisions, by indictment, etc., it follows that exemplary or punitive damages can not be awarded in a civil suit by one claiming to be injured by the offense.</p> <p>5. Eobeight statute — construction. Where the statute of another State is adopted, it will be presumed that the prior construction placed upon it by the highest court of such other State, is also adopted.</p> <p>6. Exemplary damages—when allowable, defendant has a right to show matters in mitigation. If the court instructs the jury that the plaintiff is entitled to recover exemplary damages, in a suit against one for the sale o.f liquor to her husband, the defendant should have the right to show matters in mitigation, such as that he had forbidden his clerk to sell to th