Cavin v. Smith

Peterson, Justice.

This is an action upon an on-sale liquor dealer’s bond against the dealer and his surety to recover for an assault committed upon plaintiff while he was intoxicated. The trial court directed a verdict of six cents for plaintiff, who appeals.

Several questions have been raised on the appeal, among which is the following one, which if answered in the negative is decisive, viz., whether a^minor patron who became intoxicated in the seller’s saloon as the result of drinking intoxicating liquor illegally sold to him has a cause of action against the seller and the surety on his…