Legal Opinion

Emory v. Addis

Illinois Supreme Court

Decided January 15, 1874PublishedCited by 31 opinions

Appeal from the Circuit Court of Coles county; the Hon. Oliver L. Davis, Judge, presiding. This tvas an action brought by Sarah Addis against Maurice Emory, to recover damages on account of the death of her husband, caused by intoxication produced by liquor sold to him by Emory. The plaintiff recovered $2000 in the court below, and the defendant appealed. The facts are stated in the opinion.

1Opinion of the CourtJustice Scott

This action was brought under the statute, by appellee, to recover damages for injury to her means of support, by reason of the death of her husband, which, it is said, was caused by intoxication produced by intoxicating liquors sold to him by appellant, or by his clerk, at his saloon.

Appellant has assigned but three errors on the record :

First—The court erred in its instruction to the jury.

Second—The court erred in refusing to grant a new trial.

Third—The verdict is contrary to the law and against the evidence.

The first error assigned was not embraced in the motion for a new trial in the…

2Cases cited1 opinion

  1. Cowan v. SmithIllinois Supreme Court · 1864

3Cited by31 opinions

  1. Gran v. HoustonNebraska Supreme Court · 1895
  2. Schroder v. CrawfordIllinois Supreme Court · 1880
  3. Pennsylvania Co. v. ConlanIllinois Supreme Court · 1881
  4. People v. WeismanIllinois Supreme Court · 1920
  5. Pittsburg, Fort Wayne & Chicago Railroad v. ReichIllinois Supreme Court · 1881

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