Blatz v. . Rohrbach
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This action was brought by plaintiff under chapter 646 of the Laws of 1873, known as the Civil Damage Act, to recover damages for the death of her husband, which she claimed was caused by defendant selling him intoxicating liquors.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This action was brought by plaintiff under chapter 646 of the Laws of 1873, known as the Civil Damage Act, to recover damages for the death of her husband, which she claimed was caused by defendant selling him intoxicating liquors. The material facts are sufficiently stated in the opinion. The plaintiff cannot recover unless she has proven that the defendant either gave or…
1Opinion of the CourtBrown, J.
The plaintiff is the widow of William T. Blatz, who committed suicide by hanging while in a condition of intoxication. The action is brought under the statute known as the “ Civil Damage Act,” and the plaintiff had a verdict at the circuit which was affirmed at the General Term.
The undisputed proof on the trial showed that Blatz spent the evening preceding his death in the defendant’s saloon, and that while there he drank two or three glasses of beer. The court charged the jury that he drank intoxicating liquors that evening at defendant’s saloon. The exception taken to this part of the…
2Cases cited5 opinions
- The Bd. of Commr's of Excise of Tompkins Cty. v. . TaylorNew York Court of Appeals · 1860
- Nevin v. LadueCourt for the Trial of Impeachments and Correction of Errors · 1846
- Rau v. . People of the State of N.Y.New York Court of Appeals · 1875
- Nevin v. LadueNew York Supreme Court · 1846
- People v. WheelockNew York Supreme Court · 1855
3Cited by22 opinions
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- State v. CarmodyOregon Supreme Court · 1907
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- Moreno v. StateCourt of Criminal Appeals of Texas · 1911
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