Brannon v. Silvernail

This action was brought by appellee against appellants, for causing the intoxication of her husband, whereby she claims to have sustained serious injury. Judgment was given for appellee, for the amount found by the verdict of the jury,. $300, and the case is brought here, by the appeal of the defendants below.

1st. It is argued, there is a variance between the allegations and the proofs, in this:

The allegation is, appellants sold liquor to appellee’s husband, and thereby caused him to become an habitual drunkard; whereas the evidence shows the liquors sold him by them, only in part caused him…