Helmuth v. Bell

Citations

• 150 Ill. 263
• 37 N.E. 230

Syllabus

<p>1. Intoxicating liquoks — joint liability of seller and owner of premises where sold. In an action by a widow and her infant children against a saloon-keeper and the owner of the premises where the liquor was sold, to recover damages for a loss of the plaintiff’s means of support, caused by the death of their husband and father from intoxication, the allegation of ownership in the premises upon which the liquor was sold makes such owner jointly liable with the seller of the liquor, by the terms of the statute.</p> <p>2. Same — causing death of plaintiff’s support — joint action by widovt and children. Where a man loses his life through intoxication, having a wife and children of tender years, who live together and constitute but one family, whereby they lose their means of support, while the wife may sue alone, no reason is perceived why the wife and children may not join in an action to recover for the loss.</p> <p>3. Same — joint action by parents of the deceased. If a father and mother living with a son upon whom they are dependent for support, and who is providing for them, are deprived of the same in consequence of the intoxication of the son, it would seem unreasonable to hold that two actions instead of one should be brought by the parents. The words “in his or her own name” may, by the express language of the statute, be read in the plural. Where joint interests are affected a joint action may be brought.</p> <p>4. Pbactice — -suing jointly — waiver of error by pleading to the action. Where each of several parties plaintiff has a right of action against a defendant, of the same nature, growing out of the same wrong, even if no joint suit is given by the statute, and the defendant elects to plead to the action so brought, and suffers a verdict and judgment to go against him, he will thereby waive the error.</p> <p>5. Same — waiver of objection by failure to make it in time. An objection which could have been removed in the trial court if made there, can no