Carver v. Schafer

SNYDER, Judge.

This is an appeal from a judgment of the Circuit Court of the County of St. Louis, which dismissed appellants’ petition for failure to state a cause of action. The petition sought damages for a wrongful death from a tavern keeper who appellants alleged sold drinks to an already intoxicated person, who caused the death of appellants’ decedent. In Count III, plaintiffs-appellants relied on the Illinois Dram Shop Act, Ill.Ann. Stat., ch. 43, § 135 (Smith-Hurd 1944, 1982-83 Cum Supp.), and in Count V they asked the court to hold the tavern keeper liable under Missouri common law.…