Legal Opinion · Dissent

Graham v. General U. S. Grant Post No. 2665

Appellate Court of Illinois

Decided July 24, 1968No. Gen. 67-169Published

1DissentMoran, J.

While the majority opinion has been ably prepared by my colleagues, I feel compelled to dissent from the conclusions reached by them relative to the reversal of the trial court’s order dismissing count I of the complaint. My reasons for doing so are as follows:

The Dram Shop Act, while it is remedial in purpose, still is penal in character and therefore should be strictly construed so as not to enlarge its language by interpretation. Rittmeyer v. Anderson, 49 Ill App2d 71, 75, 199 NE2d 463 (1964); Miller v. Owens-Illinois Glass Co., 48 Ill App2d 412, 420, 199 NE2d 300 (1964), appeal denied, 30…

2Cases cited8 opinions

  1. Maki v. FrelkIllinois Supreme Court · 1968
  2. Colligan v. CousarAppellate Court of Illinois · 1963
  3. Miller Ex Rel. Miller v. Owens-Illinois Glass Co.Appellate Court of Illinois · 1964
  4. Butler v. WittlandAppellate Court of Illinois · 1958
  5. Eldridge v. Don Beachcomber, Inc.Appellate Court of Illinois · 1950

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