Reid v. . Terwilliger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 14,1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. There was no proof that the defendant Henry S. Terwilliger had any knowledge that McLaughlin, sold intoxicating liquors.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 14,1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. There was no proof that the defendant Henry S. Terwilliger had any knowledge that McLaughlin, sold intoxicating liquors. (Mead v. Stratton, 8 Hun, 148, 151.) It was error to charge the jury that Terwilliger was liable for exemplary damages. (Rawlins v. Vidvard, 34 Hun, 205; Ketcham v. Fox, 52 id. 284;…
1Opinion of the Court
' Potter, J.
This action was brought by the plaintiff to recover damages under the act, chapter 646, Laws of 1873, known as the civil damage law, to her means of support, occasioned by the death of her husband in consequence of intoxication produced by drinking intoxicating liquors sold to the deceased by the defendant, McLaughlin, in a hotel stand owned and leased to him by the defendant Terwilliger. The defendant Terwilliger alone appealed from the judgment. The facts appearing upon the trial showed that the hotel, at which the liquors were sold and drank, was in Wallkill, Hlster county;…
2Cases cited3 opinions
- Voltz v. . BlackmarNew York Court of Appeals · 1876
- Volans v. . OwenNew York Court of Appeals · 1878
- Neu v. . McKechnieNew York Court of Appeals · 1884
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- Valicenti v. ValenzeNew York Court of Appeals · 1986
- Sanders v. RolnickAppellate Terms of the Supreme Court of New York · 1947
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