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· 11/21/1921

Wilson v. Hess

Citations

  • 77 Pa. Super. 515
  • 1921 Pa. Super. LEXIS 308

Syllabus

<p>Liquor law — Selling to man of intemperate habits — Civil liability — Proximate cause.</p> <p>In an action instituted by a widow against a licensed saloon-keeper, to recover damages for selling liquor to the plaintiff’s husband, it appeared that the latter’s death had resulted from a fall while walking along an unobstructed sidewalk after a three days’ drinking debauch. It also was established that for about a week preceding his death, plaintiff’s husband had not been working, and that during that time he was drinking heavily; that he had deposited money with the defendant, who sold drinks to him at various times for a period of three days, and that he was visibly under the influence of liquor when he left the saloon.</p> <p>Held: that it was for the jury to determine whether or not the deceased’s death was due to the negligent and unlawful conduct on the part of the defendant, in furnishing him with intoxicating liquors.</p>

Judges: Head, Henderson, Keller, Linn, Orlady, Porter, Trexler

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