Weymire v. Wolfe
Supreme Court of Iowa
Appeal from Fremont Gvreuit Gov/rt. The plaintiff' is administrator of the estate of Joseph Dunn, deceased, and brings this action to recovér for injuries alleged to have been caused to said Dunn by the defendant, whereby Dunn lost his life.
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Appeal from Fremont Gvreuit Gov/rt. The plaintiff' is administrator of the estate of Joseph Dunn, deceased, and brings this action to recovér for injuries alleged to have been caused to said Dunn by the defendant, whereby Dunn lost his life. The averments of the petition are in substance that the defendant at the time of the acts complained of was the keeper of a saloon; that Dunn was an habitual frequenter of the saloon; that the defendant sold him intoxicating liquor, which caused him to be intoxicated, and that while Dunn was in a state of helpless and. uuconscious intoxication, caused_ by…
1Opinion of the CourtAdams, J.
i. neglig&r1defense? a — Whether, if Dunn had died solely from the use of the liquor, he would be deemed to have so far contributed to his death by his voluntary acts as to preclude a recovery, we need not determine. The petition states, and the evidence tended to show, that Dunn was expelled from the saloon at a late hour of the night, drunk and unconscious, and died by reason of exposure and cold. If it should be conceded that Dunn contributed to his death by drinking until he became drunk and unconscious, it would not follow that the plaintiff would not be entitled to recover. If a person…
2Cases cited1 opinion
- Morris v. C., B. & Q. R. Co.Supreme Court of Iowa · 1876
3Cited by32 opinions
- Pence v. KetchumSupreme Court of Louisiana · 1976
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Kelly v. Sinclair Oil Corp.Supreme Court of Iowa · 1991
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
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