Harris v. Hardesty

Citations

• 111 Kan. 291
• 207 P. 188
• 1922 Kan. LEXIS 229

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Intoxicated Parent — Minor Injured in Means of Support — Civil Damage Statute Construed. The civil-damage statute, giving to a child injured in means of support, in consequence of intoxication of its parent, a right of action against the person who caused the intoxication (Gen. Stat. 1915, § 5507), affords remedy against none but a person who, by “selling, bartering, or giving intoxicating liquors,” caused the intoxication.</p> <p>2. Same. The giving of intoxicating liquor, referred to in the statute, means giving as a subterfuge or device to evade the provisions of the prohibitory law.</p> <p>3. Same — Action for Civil Damages — Petition Fails to State Cause of Action. The plaintiff is a minor. The petition alleged the defendant induced her mother to drink intoxicating liquor, procured, bought and furnished intoxicating liquor and gave it to her mother to drink, which liquor her mother did drink, to such an extent she became habitually intoxicated. As' a consequence of such intoxication, the plaintiff was injured in means of support. Held, the petition failed to state a cause of action, under the civil-damage statute; and under the common law, the plaintiff was without remedy.</p>