Brooks v. Engel

MOORE, Justice.

On July 19, 1967 plaintiff filed her one count petition for loss due to her husband’s drowning in the Mississippi river July 30, 1966. She alleged defendant sold beer and whiskey to her husband which caused him to become intoxicated after which he fell or jumped from a boat. In paragraph 7 she based her cause on violation of section 129.2, Code, 1966 and in paragraph 8 on violation of section 123.95. These two sections are commonly referred to as the Dram Shop Acts.

Defendant filed multiple motions including a motion to strike plaintiff’s claim for $50,000 exemplary damages and…