O'Rourke v. De Graw
New York Supreme Court
Appeal from circuit court, Orange county. Action by Elizabeth O’Rourke against John De Graw and another for selling liquor to one Patrick O’Rourke, plaintiff’s husband, which caused intoxication alleged to have resulted in his death. Charles Piatt was made a defendant, as the owner of the premises where the intoxicating liquor was sold. From a judgment for plaintiff, defendant Piatt appeals. Reversed.
1Opinion of the CourtBarnard, P. J.
A recovery was had in the case against the defendant De Graw for creating an intoxication, in whole or in part, which resulted in the death of Patrick O’Rourke in August, 1891. The defendant Piatt was made a defendant, as the owner of the premises where the intoxicating liquors were sold; the allegations against him being that “he rented said building and premises to the defendant De Graw, and permitted him to occupy and use the same during all of said term, as a place for the sale of intoxicating liquors, with the full knowledge that they were to be, and were being, so used.” The court of…
2Cases cited1 opinion
- Hall v. . GermainNew York Court of Appeals · 1892