Meyers v. Kirt
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. Action for damages alleged to have been sustained by the plaintiff' by reason of the sale of beer to her husband by tbe defendant Kirt. Eeckermire was made defendant, as being the owner of the premises upon which the beer is alleged to have been sold. The defendants, for answer, denied all the allegations of the petition. There was a trial by jury and verdict and judgment were rendered against both defendants.
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Appeal from Buchanan Circuit Court. Action for damages alleged to have been sustained by the plaintiff' by reason of the sale of beer to her husband by tbe defendant Kirt. Eeckermire was made defendant, as being the owner of the premises upon which the beer is alleged to have been sold. The defendants, for answer, denied all the allegations of the petition. There was a trial by jury and verdict and judgment were rendered against both defendants. The defendant Eeckermire appeals.
1Opinion of the Court
Adams, Ch. J.
i. intoxicating liquors: umawíui premises: owue“iof A right of action accrues to the wife who sustains injury, in property or person, by reason of the sale to her husband of intoxicating liquors, which cause him to become intoxicated. Code, section 1557. Intoxicating liquors mean alcohol, and all spirituous and vinous liquors. Code, section 1555. To these must be added beer, when sold to a person intoxicated, or in the habit of becoming intoxicated. Jewett v. Wanshura, 43 Iowa, 574. The evidence in this case shows pretty clearly that the defendant Kirt sold to the plaintiff’s…
2Cases cited1 opinion
- Jewett v. WanshuraSupreme Court of Iowa · 1876
3Cited by5 opinions
- Myers v. KirtSupreme Court of Iowa · 1885
- Cox v. NewkirkSupreme Court of Iowa · 1887
- State ex rel. Egermayer v. KellySupreme Court of Iowa · 1911
- Judge v. O'ConnorSupreme Court of Iowa · 1888
- Wing v. BenhamSupreme Court of Iowa · 1888