Myers v. Kirt
Supreme Court of Iowa
Appeal from, Buchanan Circuit Court. Plaintiff brought this action to recover damages against defendant, Kirt, on account of sales by him to her husband of intoxicating liquors, which caused his intoxication, whereby she was injured, as she alleges, in her means of support.
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Appeal from, Buchanan Circuit Court. Plaintiff brought this action to recover damages against defendant, Kirt, on account of sales by him to her husband of intoxicating liquors, which caused his intoxication, whereby she was injured, as she alleges, in her means of support. She alleges that the building in which such sales of intoxicating liquors were made was owned by the defendant, Reckermire, and that he leased the same to Kirt for the purpose of selling intoxicating liquors therein, and that he knew that the sales were made to her husband. She recovered a judgment against Kirt for $300,…
1Opinion of the CourtRefjo, J.
1. INTOXICAting liquors: railawiiil sale ?easedbpremicy oiSpeti-en" tlon‘ I. Defendant filed a motion in arrest of judgment, on the ground that no cause of action as against him is stated in the petition, and assigns as error the r ’ ° overruling of this motion. We think the ruling 5:5 was correct. It is alleged in the petition that defendant leased the building to Kirt for the purpose of being used as a saloon; that Kirt sold to plaintiff’s husband beer, wine and whisky, in said building, which caused his intoxication; and that defendant, Reckermire, knew that he sold wine, beer and liquors…
2Cited by3 opinions
- 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