O'Connell v. O'Leary

This is an action under the Pub. Sts. c. 100, § 24, to recover for alleged sales of liquor to the plaintiff’s minor son and daughter. The section is as follows: “ Whoever, by himself or his agent or servant, sells or gives intoxicating liquor to a minor, .... shall forfeit one hundred dollars for each offence, to be recovered by the parent or guardian of such minor in an action of tort.” It was admitted that the sales took place more than a year before action brought. The court ruled that the action was not barred by the Pub. Sts. e. 197, § 4, limiting to one year actions for penalties or…