Minot v. Doherty
Massachusetts Supreme Judicial Court
Tort under R. L. e. 100, § 58, by a married woman against the proprietor of a bar room for personal injuries, resulting in an alleged miscarriage, from an assault upon the plaintiff by her husband in consequence of intoxication caused by liquor sold to him by the defendant.
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Tort under R. L. e. 100, § 58, by a married woman against the proprietor of a bar room for personal injuries, resulting in an alleged miscarriage, from an assault upon the plaintiff by her husband in consequence of intoxication caused by liquor sold to him by the defendant. Writ dated November 8, 1905. In the Superior Court the case was tried before Stevens, J. At the close of the evidence the defendant asked the judge to give certain instructions to the jury, among which were the following : “ 8. There is no evidence that the alleged miscarriage was suffered in consequence of the…
1Opinion of the CourtLoring, J.
1. The defendant urges in support of his exception to the refusal of the judge to give the eighth ruling asked for that “ the defendant would not be liable if an habitual drunkard, to the formation of whose habits of intoxication the defendant had in whole or in part contributed, committed an assault while perfectly sober.” That is true. That was decided to be *39law in Bryant v. Tidgewell, 133 Mass. 86. But it was laid down in that case that if a man who is habitually drunk for a specified period assaults his wife at that time, a defendant who by selling him liquor had caused that drunkenness…
2Cases cited1 opinion
- Bryant v. TidgewellMassachusetts Supreme Judicial Court · 1882