Schmidt v. Mitchell

This was an action, brought by Mary Mitchell, against appellants, who are alleged to have sold the plaintiff’s husband intoxicating liquors which caused his intoxication, by reason of which, and while the same continued, he became quarrelsome, and made a disturbance in the night, at the house of one Henry Friedenbach, and while making such disturbance, and by reason thereof, the said Mitchell, the husband of the plaintiff, received a mortal wound from a bullet discharged at him from a pistol used by said Friedenbach in defense of his house, of which wound Mitchell died.

The court overruled a…