Albertina v. Owens

The action before the court is a dram shop case in which the plaintiff Hiram Albertina received a judgment for $3,500 following a bench trial. The plaintiff was a passenger in an automobile which was struck by an automobile operated by Harold McTeer, the alleged intoxicated person. The defendant was the owner, operator and landowner of the dram shop involved. The issues on this appeal are whether there was a direct sale of alcoholic liquors to the alleged intoxicated person so as to establish liability under the Dram Shop Act and whether the amount of the judgment was excessive.

Plaintiff…