King v. Henkie
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Tried before lion. IT. O. Speake. This action was brought in July, 1885, by Susan C. King, the widow and administratrix of James L. King, deceased, against Benjamin ITenkie, William Wilson and Clarence Doss, the former of whom was the proprietor, the two latter being his clerks and employees, of a bar room, or drinking saloon in the city of Tuscnmbia in said county.
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Appeal from Colbert Circuit Court. Tried before lion. IT. O. Speake. This action was brought in July, 1885, by Susan C. King, the widow and administratrix of James L. King, deceased, against Benjamin ITenkie, William Wilson and Clarence Doss, the former of whom was the proprietor, the two latter being his clerks and employees, of a bar room, or drinking saloon in the city of Tuscnmbia in said county. The complaint averred that on Juno 23,1885, the plaintiff’s intestate, the said James L. King, “was in the city of Tuscnmbia in a state of intoxication, so much so as to be utterly incapable of…
1Opinion of the CourtSomerville, J.
The question raised for our decision, by the ruling of the court below on the demurrer to the complaint, is, whether, under the provisions of section 2641 of the present Code, 1876, authorizing an action to be brought for a wrongful act or omission causing the death of another, the personal representative of the deceased person can maintain an action against a retailer of intoxicating liquors, who sells or gives them to a man of known intemperate habits, who is helplessly drunk at the time, the drinking of which causes his death almost instantaneously.
1. The statute, under which the action is…
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