Zibold v. Reneer

Citations

• 73 Kan. 312
• 85 P. 290
• 1906 Kan. LEXIS 251

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Injury to Wife — Consequential Damages. Under section 2465 of the General Statutes of 1901, if a wife be injured in her means of support as the result of an act committed by her intoxicated husband, the person who sold or gave to him the liquors, the use of which produced the intoxication, will be liable to her in damages. This statute creates a cause of action unknown to the common law, and authorizes a recovery for both proximate and remote injuries.</p> <p>2. -Petition — Conviction of Murder — Intoxication. Where, in an action by a wife for loss of means of support against one who is claimed to have sold her husband intoxicating liquors, by the use of which he became intoxicated, it is alleged in the petition that while so intoxicated he committed a homicide, was convicted of murder in the first degree, and sentenced to death, and confinement in the penitentiary until such time as an order should be issued by the governor for his execution, the allegation that he was convicted of murder in the first degree is not, as a matter of law, equivalent to an allegation that he was not intoxicated when he committed the homicide.</p>