Ganssly v. Perkins

Plaintiffs in error were sued by defendant in error for damages resulting to her from the sale of intoxicating liquor to her husband. The errors assigned relate to ruling^ on damages.

We have no doubt the court properly refused to charge the jury that no exemplary damages could be recovered. The statute is express that they may be recovered, and there was conflicting testimony as to whether the sales had not been made against the wife’s remonstrances. If the jury so found, there was aggravation caused thereby which would come very plainly within any interpretation of the statute. In Kreiter v.…