Garrigan v. Thompson

Citations

• 17 S.D. 132
• 95 N.W. 294
• 1903 S.D. LEXIS 15

Syllabus

<p>1. A widoW'Of one whose death was caused by intoxication has a right of action against the seller of the liquor to recover for the loss of support caused by the death of her husband.</p> <p>2. While section 6 of the form of bond required of liquor dealers provides for a liability for actual and exemplary damages, Comp. Laws 1887, § 4580, only authorizes the recovery of punitive damages in actions for the breach of obligations not arising from the contract, and therefore a widow, suing a liquor dealer and his bondsmen to recover for loss of support caused by the intoxication and resulting death of her husband, is not entitled to exemplary damages, as Laws 1897, c. 72, § 16, giving a married woman a right of action for all damages sustained on account of the sale of intoxicating liquors to her husband, does not in terms confer the right to recover such damages.</p>