Bush v. Murray
Supreme Judicial Court of Maine
On EXCEPTIONS, from the superior court. Case, under act of 1872, c. 63, § 4, for selling intoxicating liquor by means of which the plaintiff’s wife became intoxicated and he injured. The justice instructed the jury, if the liquors were sold by the defendant to Mrs. Flynn, and she without any knowledge on the part of the defendant gave it to the wife of the plaintiff whereby she became intoxicated and committed the damage, that the defendant was not liable.
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On EXCEPTIONS, from the superior court. Case, under act of 1872, c. 63, § 4, for selling intoxicating liquor by means of which the plaintiff’s wife became intoxicated and he injured. The justice instructed the jury, if the liquors were sold by the defendant to Mrs. Flynn, and she without any knowledge on the part of the defendant gave it to the wife of the plaintiff whereby she became intoxicated and committed the damage, that the defendant was not liable. The verdict was for the defendant and the plaintiff alleged exceptions.
1Opinion of the CourtAppleton, C. J.
This is an action under the provisions of c. 63, § 4, of the acts of 1872.
It is provided by this section that “every wife, child, parent, guardian, husband or other person who shall be injured in person, property, means of support or otherwise, by any intoxicated person, or by reason of the intoxication of any person, shall have a right of action in his or her own name against any person or persons who shall, by selling or giving any intoxicating -liquors or otherwise, have caused or contributed to the intoxication of such person or persons; and in any such action the plaintiff shall have a…
2Cited by3 opinions
- Benes v. CampionSupreme Court of Minnesota · 1932
- West v. Leiphart & Co.Michigan Supreme Court · 1912
- Ruiz v. Safeway, Inc.California Court of Appeal · 2012