McEvoy v. Humphrey

Citations

• 77 Ill. 388

Syllabus

<p>Intoxicating liquors—damages recoverable for selling to a person in the habit of getting drunk. In a suit by a wife against a grocery keeper, to recover damages for selling liquor to her husband, who was in the habit of getting intoxicated, it appeared that the wife had notified the defendant not to sell liquor to her husband, and that she sent $50 by her husband to buy a horse, and that the defendant, in disregard of such notice, sold him liquor upon which he became intoxicated, and that, he was arrested and put in the calaboose, and that when he got out he had spent about $29. The jury gave a verdict of $200 against the defendant, upon which judgment was rendered: Held, that actual damages being shown to the extent of $29, the jury had the right to give exemplary damages, as the sale to the husband after notice was without excuse or palliation, and therefore the damages were not excessive.</p>