Dice v. Sherberneau
Michigan Supreme Court
Error to Osceola; Rose, J. Case by Lavina Dice against Thomas B. Sherberneau, principal, and Egbert F. Chapin and Mike Walsh, sureties, under the civil-damage act. There was judgment for plaintiff, and defendants bring error. Defendant Sherberneau was a saloon keeper. Defendants Chapin'and Walsh were his sureties..
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Error to Osceola; Rose, J. Case by Lavina Dice against Thomas B. Sherberneau, principal, and Egbert F. Chapin and Mike Walsh, sureties, under the civil-damage act. There was judgment for plaintiff, and defendants bring error. Defendant Sherberneau was a saloon keeper. Defendants Chapin'and Walsh were his sureties.. Plaintiff’s husband was an habitual drunkard, or so in the habit of intoxication that plaintiff had notified Sherberneau and other saloon keepers not to furnish him any liquor. On November 1,1905, Mr. Dice twice obtained whiskey in defendant’s saloon. The first time he obtained a…
1Opinion of the CourtGrant, C. J.
( after stating the facts). Five errors are alleged:(1) The court misinterpreted the statute above quoted.-(2) In submitting to the jury the question whether the defendant Sherberneau is liable for the sale of the liquor by Curtis to Dice.(3) The verdict is excessive.(4) It is against the weight of the evidence.(5) The court erred in refusing to grant a new trial.
1. The court instructed the jury that if Dice shot and killed himself while in an intoxicated condition, and that defendant Sherberneau was responsible for selling intoxicating liquor to him, which contributed to his intoxication,…
2Cases cited4 opinions
- Neu v. . McKechnieNew York Court of Appeals · 1884
- Brockway v. PattersonMichigan Supreme Court · 1888
- Brockmiller v. Industrial WorksMichigan Supreme Court · 1907
- Dennison v. Van WormerMichigan Supreme Court · 1895
3Cited by4 opinions
- Anderson v. City of St. PaulSupreme Court of Minnesota · 1948
- Duncan v. BeresMichigan Court of Appeals · 1968
- McFadden v. TateMichigan Supreme Court · 1957
- Sworski v. ColemanSupreme Court of Minnesota · 1940