Roach v. Kelly
Supreme Court of Pennsylvania
Appeal, No. 36, Oct. T., 1899, by-defendant, from judgment of O'. P. No. 2, Allegheny Co.-, Oct. T., 1897, No. 1000, on verdict for plaintiff. Trespass to recover damages for the death of plaintiff’s husband, alleged to have been caused by the act of defendant in furnishing liquor to the deceased while intoxicated. Before White, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 36, Oct. T., 1899, by-defendant, from judgment of O'. P. No. 2, Allegheny Co.-, Oct. T., 1897, No. 1000, on verdict for plaintiff. Trespass to recover damages for the death of plaintiff’s husband, alleged to have been caused by the act of defendant in furnishing liquor to the deceased while intoxicated. Before White, P. J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : [In a case of this kind the burden of proof is on the plaintiff, and it must be established to the satisfaction of the jury that the death resulted from the liquor…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Kelly, the defendant, was a licensed retail liquor dealer in the city of Pittsburg. On the afternoon of June 26,1897, between 5 and 6 o’clock, one John Roach, a man about thirty-four years of age, a puddler by trade, entered Kelly’s barroom; when there he took one or more drinks of whiskey and at the time was visibly intoxicated; as to whether he was sober and as to how many drinks he took there was contradictory evidence, but the jury has found both facts against defendant, and we assume the findings to be correct. While in the barroom he met John Atkinson with…
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