Bodge v. Hughes
Supreme Court of New Hampshire
This is an action of trespass to the person, by Andrew J. Bodge against Patrick Hughes, Jr., and three other defendants, and the declaration is in the ordinary form without reference to the statute. The suit is really brought under the statute of July 2, 1870, ch. 3, against four persons, each one of whom is supposed to have sold to one Buzzell all the liquor so furnished, causing him to be intoxicated, and in that state to commit an injury to the person of the plaintiff.
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This is an action of trespass to the person, by Andrew J. Bodge against Patrick Hughes, Jr., and three other defendants, and the declaration is in the ordinary form without reference to the statute. The suit is really brought under the statute of July 2, 1870, ch. 3, against four persons, each one of whom is supposed to have sold to one Buzzell all the liquor so furnished, causing him to be intoxicated, and in that state to commit an injury to the person of the plaintiff. Buzzell was not joined. On the opening of the case disclosing this state of facts, the defendants moved for a nonsuit, on…
1Opinion of the CourtLadd, J.
“ Whenever any person in a state of intoxication shall commit any injury upon the person or property of any other individual, any person who, by himself, his clerk, or servant, shall have unlawfully sold or furnished any part of the liquor causing such intoxication, shall be liable to the party injured for all the damage occasioned by the injury so done, to be recovered in the same form of action as such intoxicated person would be liable to, and both such parties may be joined in the same action.” Laws of 1870, ch. 8, sec. 3.
The question is, whether a declaration in trespass, alleging an…
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