Bertholf v. . O'Reilly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 8 Hun, 16.) The nature of the action and the facts are set forth sufficiently in the opinion. The civil damage act so far as it assumes to give a right of action against the owner of the building in which the intoxicating liquors were sold for damages is unconstitutional.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 8 Hun, 16.) The nature of the action and the facts are set forth sufficiently in the opinion. The civil damage act so far as it assumes to give a right of action against the owner of the building in which the intoxicating liquors were sold for damages is unconstitutional. (Powers v. Bergen, 6 N. Y., 358, 367; Wilkinson v. Leland, 2 Peters, 657; Taylor v. Porter, 4 Hill, 140; In the Matter Albany St., 11 Wend.,…
1Opinion of the CourtAndrews, J.
This and other cases which have been argued and are awaiting the decision of the court present the question of the constitutionality of the “act to suppress intemperance, pauperism and crime,” passed April 29, 1873, commonly known as the civil damage act. Some of the cases are actions against the vendors of liquors sold to be drank by the purchasers, and causing intoxication and consequential injury to the plaintiffs. This action is brought by the plaintiff against the defendant, as the landlord of hotel premises, let with knowledge that intoxicating liquors were to be sold therein by the…
2Cases cited5 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
3Cited by165 opinions
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Matter of Application of JacobsNew York Court of Appeals · 1885
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Budd v. New YorkSupreme Court of the United States · 1892
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
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