Comstock v. Hopkins
New York Supreme Court
Appeal from circuit court, Wayne county. Action by Keuben Comstock against John II. Hopkins and others for damages resulting from the death of plaintiff’s son while intoxicated by liquor sold him by defendant. From a judgment of nonsuit plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The action was under the civil damage law to recover for loss and damage resulting to the plaintiff from the death of his son, caused, as alleged, by the intoxication of the latter, produced in part by liquor sold to him by the defendants. The one question of interest in the case is whether the several persons against whom a cause of action exists, under this act, for one and the same injury, are within the principle of the common-law rule which prescribes that satisfaction as to one joint wrong-doer is satisfaction as to all. The rule is abundantly established, as to joint wrong-doers, and…
2Cases cited4 opinions
- Woods v. . PangburnNew York Court of Appeals · 1878
- Kearney v. FitzgeraldSupreme Court of Iowa · 1876
- Aldrich v. ParnellMassachusetts Supreme Judicial Court · 1888
- Hall v. GermainNew York Supreme Court · 1891
3Cited by2 opinions
- Reinhardt v. FritzscheNew York Supreme Court · 1893
- Ryan v. SmithNew York Supreme Court · 1893