Schroder v. Crawford

Citations

• 94 Ill. 357

Syllabus

<p>1. Intoxicating liquors—liability for injuries resulting from sale of intoxicating liquors. Where an intoxicated person in going to his home in the night lias to cross a railroad, and next morning is found on the track, killed by being run over by a1 train of cars, the intoxication will be held the proximate cause of his death, and the party furnishing him the liquor, and the owner of the premises where the liquor is furnished to him, will be liable to his widow, under the statute, for injury to her means of support.</p> <p>2. Same—statute must have practical construction. It is not the intention of the statute that the intoxicating liquor alone, exclusive of any other agency, shall do the whole injury for which a civil remedy is given. The statute was designed for a practical end and to give a substantial remedy, and should not be so construed as to defeat the purpose designed.</p> <p>3. Pleading and evidence—when averment need not he proved. Where a declaration in a suit by a widow to recover damages for the death of her husband by the sale of intoxicating liquor to him, alleged that he was killed by a train of cars in consequence of his intoxication, without any fault on the part of the railway company, it wits held that in the absence of proof of fault on the part of the company it would be presumed there was none, and that the allegation not being material, was not necessary to be proved.</p>