Bennett v. Levi
New York Court of Common Pleas
Appeal from trial term. Action by Jane Bennett against Jacob Levi, aá lessor, impleaded with Francis Picker, as lessee, of a liquor saloon, under the civil damage act, to recover damages for injury in her means of support, occasioned by the habitual intoxication of her husband. From a judgment entered on a verdict against both defendants, and from an order denying a new trial, defendant Levi appeals.
1Opinion of the CourtBisohoff, J.
Defendant Levi having by answer expressly admitted that he is the owner of the premises 1567 First avenue, and that he let them knowing that they were used and to be used by the defendant Picker for the sale of intoxicating liquors, it only remained upon the trial to ascertain whether the habitual intoxication of plaintiff’s husband was in whole or in part occasioned by the use of intoxicating liquors supplied him by the defendant Picker, and to what extent, if any, plaintiff was injured in her means of support by her husband’s intemperate habits, since under the provisions of the civil…
2Cases cited4 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Volans v. . OwenNew York Court of Appeals · 1878
- Caspar v. O'BrienThe Superior Court of New York City · 1873
- Rowe v. StevensThe Superior Court of New York City · 1872
3Cited by3 opinions
- Haviland v. PriceNew York Court of Common Pleas · 1894
- Sternwald v. SiegelNew York Court of Common Pleas · 1894
- Haviland v. PriceNew York Supreme Court · 1894