Moore v. State
Nebraska Supreme Court
Error from the district court for Custer county. Tried below before Sullivan, J. A saloon-keeper is liable criminally for all violations of chapter 50 of the Compthed Statutes committed by his servant in his place of business, although he is himself absent and ignorant of such violations. We think the law is Well settled that the relation of master and servant exists between a saloon-keeper and his bartender.
Read the full summary
Error from the district court for Custer county. Tried below before Sullivan, J. A saloon-keeper is liable criminally for all violations of chapter 50 of the Compthed Statutes committed by his servant in his place of business, although he is himself absent and ignorant of such violations. We think the law is Well settled that the relation of master and servant exists between a saloon-keeper and his bartender. We have no doubt that the law holds the master to the same accountability in both civil and criminal cases, that it does the servant. Black, Intoxicating Liquors, secs. .369, 371;…
1Opinion of the CourtSullivan, C. J.
Section 14 of the act regulating the license and sale of malt, spirituous and vinous liquors is as follows: “Every person who shall sell or give away any malt, spirituous, and vinous liquors on the day of any general or special election, or at any time during the first day of the week, commonly called Sunday, shall forfeit and pay for every such offense, the sum of one hundred dollars.” Compthed Statutes, oh. 50. . Under this section Moore was *559tried, found guilty and sentenced to pay a fine of $100. The ground relied upon for a reversal of the sentence is that the evidence did not warrant a…
2Cases cited11 opinions
- Barnes v. StateSupreme Court of Connecticut · 1849
- Commonwealth v. BriantMassachusetts Supreme Judicial Court · 1886
- Loeb v. StateSupreme Court of Georgia · 1885
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1887
- State v. HecklerSupreme Court of Missouri · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Berger v. WilcoxNebraska Supreme Court · 1909
- Seele v. StateNebraska Supreme Court · 1909
- State v. AndersonSupreme Court of Louisiana · 1911
- Steinkuhler v. StateNebraska Supreme Court · 1916