Westbrook v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Miller, from an order of the Supreme Court, made at the Tompkins Trial Term and entered in the office of the clerk of the county of Tompkins on the 12th day of March, 1904, denying the defendant’s motion to dismiss the plaintiff’s complaint. The plaintiff in her complaint alleges that she is the mother of Harry Westbrook, an infant under eighteen years of age ; that the defendant is a dealer in intoxicating liquors.
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Appeal by the defendant, Joseph Miller, from an order of the Supreme Court, made at the Tompkins Trial Term and entered in the office of the clerk of the county of Tompkins on the 12th day of March, 1904, denying the defendant’s motion to dismiss the plaintiff’s complaint. The plaintiff in her complaint alleges that she is the mother of Harry Westbrook, an infant under eighteen years of age ; that the defendant is a dealer in intoxicating liquors. She further alleges “ that within two years next prior to the commencement of this action defendant did wrongfully and unlawfully sell to, give to…
1Opinion of the Court
Chase, J.:
The Legislature, in authorizing the recovery of damages in a civil action, under the Liquor Tax Law, created a cause of action for the protection of the dependent and helpless which was unknown at the common law. (Volans v. Owen, 74 N. Y. 530 ; Quinlan v. Welch, 141 id. 158.) The right to maintain such an action cannot be extended beyond the terms of the statute construed in view of the evil to be remedied and the object to be attained. The complaint in this action does not allege or claim that the plaintiff has suffered damage by reason of the intoxication of her son. The facts…
2Cases cited3 opinions
- Volans v. . OwenNew York Court of Appeals · 1878
- Lawyer v. . FritcherNew York Court of Appeals · 1891
- Kilburn v. CoeNew York Supreme Court · 1874
3Cited by7 opinions
- Berkeley v. ParkNew York Supreme Court · 1965
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
- Matalavage v. SadlerAppellate Division of the Supreme Court of the State of New York · 1980
- Cavin v. SmithSupreme Court of Minnesota · 1949
- Manfredonia v. American Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
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