Volans v. . Owen
New York Court of Appeals
Appeal from judgment of General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial.
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Appeal from judgment of General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Eeported below, 9 Hun, 558.) This action is brought under the civil damage act (chap. 646, Taws of 1873) to recover for alleged injury to plaintiff’s means of support, in consequence of the intoxication of his minor son, caused by liquor sold to him by defendants. The facts appear sufficiently in the opinion. The act under which this action was brought was unconstitutional.…
1Opinion of the Court
. Andrews, J.
The question of the constitutionality of the civil damage law has been decided at this term in the case of Bertholf v. O’Reilly. * The additional question in this case relates to the right of the plaintiff, upon the facts proved, to recover damages for injury to his means of support. The plaintiff’s minor son, a young man about twenty years of age, living with his father, in September, 1874, went to Ogdensburg and procured, at various hotels and saloons in that place, intoxicating liquors, and becoming intoxicated, fell and injured his head. In consequence of the debauch and…
2Cited by40 opinions
- Berkeley v. ParkNew York Supreme Court · 1965
- Bartkowiak v. St. Adalbert's Roman Catholic Church SocietyAppellate Division of the Supreme Court of the State of New York · 1973
- Mead v. . StrattonNew York Court of Appeals · 1882
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
- Matalavage v. SadlerAppellate Division of the Supreme Court of the State of New York · 1980
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