Legal Opinion

Dolan v. Burke

Superior Court of Pennsylvania

Decided October 13, 1926No. Appeal 150PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Keller, J.,

We agree with the learned court below that in the existing state of federal and state legislation if a man illegally purchases intoxicating liquor and is injured in consequence of drinking it, by reason of its alcoholic content, he himself has no right of action against the person who likewise violated the law by selling it. Under the Volstead Act (Act of Congress of October 28,1919, c. 85), it is unlawful to purchase— no less than manufacture or sell — intoxicating liquors, without a permit from the Commissioner of Internal Revenue, and this must now be remembered in…

2Cases cited18 opinions

  1. Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
  2. Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
  3. Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
  4. Berry v. Borough of Sugar NotchSupreme Court of Pennsylvania · 1899
  5. Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870

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3Cited by4 opinions

  1. Collichio Et Ux. v. WilliamsSupreme Court of Pennsylvania · 1933
  2. Dunie v. Penn Highway Transit Co., Pennsylvania Court of Common Pleas, Lancaster County1928
  3. Gardener v. Yackanicz, Pennsylvania Court of Common Pleas, Carbon County1930
  4. Sensenig v. Kauffman, Pennsylvania Court of Common Pleas, Lancaster County1930

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