Hackett v. Smelsley

Citations

• 77 Ill. 109

Syllabus

<p>1. Intoxicating liquoiis—grounds of action for selling or giving away. The act of 1873 in relation to intoxicating liquors gives a right of action to the wife for three separate descriptions of injury caused by the selling or giving away of intoxicating liquors to her husband—injury in person, or property, or means of support.</p> <p>3. Same—evidence must be confined to the cause of injury stated, in the declaration. In an action by a widow of a deceased person against parties for selling the deceased intoxicating liquors, where the alleged injury is to the plaintiff’s means of support, the evidence should be confined to such injury alone, and it is error to admit proof that the plaintiff was injured in person by the acts of her husband, while intoxicated, and the error will not be cured by an instruction that no damages should be awarded on account of sucli personal injuries.</p> <p>3. Same—the fact that others sold liquor to same person is not mailable in defense. Under the peculiar provisions of the statute giving an action to the person 'injured, severally or jointly, against any person or persons who shall, by selling or giving away intoxicating liquors, cause intoxication, in whole or in part, it will not avail a defendant, when su.ed for such selling, to show that others sold the party liquor that may have contributed to liis intoxication.</p> <p>4. But where the proof shows, or tends to show, in a suit by a wife to recover damages for an injury to her means of support, caused by the selling of liquor to her husband, that she attended various places where liquor was sold, with her husband, and that lie, at such places, drank intoxicating liquor with his wife, and with her approval and consent, which may have contributed to the injury complained of, it was held, error to instruct the jury that, if the husband drank liquor at other places than the defendants’ saloons, such fact should not be considered in reduction or mitigation of damages.</p> <p>o. Same—mi