Meidel v. Anthis

Citations

• 71 Ill. 241

Syllabus

<p>1. Intoxicating liquoes—act of January 13, 1873, in relation to sale of to he strictly construed. The statute in relation to the sale of intoxicating liquors, being highly penal in its character, and introducing remedies unknown to the common law, in which the person prosecuting has decided advantages over the party defending, should receive a strict construction.</p> <p>2. Same—rule of damages in suit by the wife for injury occasioned by intoxication of husband. The statute only contemplates injury sustained bjr the wife in person, property or means of support, by reason of the intoxication of her husband, and mental pain suffered by her is not an element of damages to be considered.</p> <p>3. Exemplary damages—can not be awarded, unless actual damages are proved and found. In an action by a wife for injury sustained by reason, of the sale of intoxicating liquor to her husband, she is not entitled to recover exemplary damages unless actual damage is proved and found.</p> <p>4. Same—can not be awarded as punishment. Whilst it is true that the statute allows exemplary damages to be awarded to the wife in a suit for injury occasioned by the sale of intoxicating liquor to the husband, such damages can only be by way of example, or as a warning to deter the defendant and others from similar transactions, and not by way of punishment, and aggravating circumstances must be shown.</p> <p>5. Means oe support—interpretation as used in the statute. The means of support referred to in the statute embraces all those resources from which the necessaries and comforts of life are or may be supplied, such as lands, goods, salaries, wages or other sources of income.</p> <p>6. Where the proceeds of a man’s labor in cultivating land are the only means of support of his wife, any injury by which his capacity to cultivate land is sensibly diminished, is an injury to the means of support of the wife, and if such injuiy is occasioned by the sale of intoxicating liquor to the husband, t