Bower v. Fredericks
Superior Court of Pennsylvania
Appeal, No. 3, Feb. T., 1911, by defendant, from judgment of C. P. Lycoming Co., Sept. Term, 1909, No. 250, on verdict for plaintiffs in case of Rosa L. Bower et al. v. Joseph G. Fredericks. Trespass to recover damages for death of plaintiff’s husband. Before Hart, P. J. At the trial there was evidence which tended to show that the deceased was a man of known intemperate habits.
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Appeal, No. 3, Feb. T., 1911, by defendant, from judgment of C. P. Lycoming Co., Sept. Term, 1909, No. 250, on verdict for plaintiffs in case of Rosa L. Bower et al. v. Joseph G. Fredericks. Trespass to recover damages for death of plaintiff’s husband. Before Hart, P. J. At the trial there was evidence which tended to show that the deceased was a man of known intemperate habits. On July 9, 1909, he was served with liquor by the defendant and shortly after he was seen seated in his wagon in an intoxicated condition. Subsequently other witnesses saw his dead body being dragged behind his wagon.…
1Opinion of the Court
Opinion by
Orlády, J.,
The plaintiffs recovered a verdict of $1,000 as damages against the defendant for his willful and negligent sale of intoxicating liquor to Henry J. Bower, the husband and father of the plaintiffs, he being a man of known intemperate habits, and said sale being the proximate cause of intoxication to such a degree as to cause his death.
The action is founded on the Act of May 8, 1854, P. L. 663, the title of which is “To protect certain domestic and private rights and prevent abuses in the sale and use of intoxicating drinks.” The first section declares that sales to certain…
2Cases cited11 opinions
- Fink v. GarmanSupreme Court of Pennsylvania · 1861
- Steinbrunner v. Pittsb. etc. Ry. Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Davies v. McKnight, Pennsylvania Court of Common Pleas, Alleghany County1892
- Taylor v. WrightSupreme Court of Pennsylvania · 1889
- Hoehle v. Allegheny Heating Co.Superior Court of Pennsylvania · 1897
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3Cited by4 opinions
- Schelin v. GoldbergSuperior Court of Pennsylvania · 1958
- Bier v. MyersSuperior Court of Pennsylvania · 1915
- Rivero v. Timblin, Pennsylvania Court of Common Pleas, Lancaster County2010
- Carbaugh v. Grove, Pennsylvania Court of Common Pleas, Franklin County1951