Blatz v. . Rohrbach
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This action was brought by plaintiff under chapter 646 of the Laws of 1873, known as the Civil Damage Act, to recover damages for the death of her husband, which she claimed was caused by defendant selling him intoxicating liquors.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This action was brought by plaintiff under chapter 646 of the Laws of 1873, known as the Civil Damage Act, to recover damages for the death of her husband, which she claimed was caused by defendant selling him intoxicating liquors. The material facts are sufficiently stated in the opinion. The plaintiff cannot recover unless she has proven that the defendant either gave or…
1DissentBradley, J.
The complaint alleges a cause of action within the statute, which provides that a wife injured in her means of support, in consequence of the intoxication of any person, shall have a right of action against any person who, by selling or giving away intoxicating liquors, shall have caused the intoxication in whole or in part of such person. (Laws of 1873, chap. 646.) On the evening of March 3,1885, the husband of the plaintiff, after having been at the saloon of the defendant, went to his place of residence, and there at some time during the night committed suicide by hanging himself. The…
2Cases cited8 opinions
- Rumsey v. . the PeopleNew York Court of Appeals · 1859
- BISSELL v. City of JeffersonvilleSupreme Court of the United States · 1861
- Volans v. . OwenNew York Court of Appeals · 1878
- Briffitt v. StateWisconsin Supreme Court · 1883
- The Bd. of Commr's of Excise of Tompkins Cty. v. . TaylorNew York Court of Appeals · 1860
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