Rosecrants v. Shoemaker
Michigan Supreme Court
Error to Oakland. (Stickney, J). Case. Defendants bring error. The facts are stated in the opinion. The statute sued upon was intended for the benefit of those” who suffer innocently, and its aid cannot be invoked by any person who sanctioned or authorized the sale or gift of liquor to, or purchased it for the person using same, and whose intoxication has occasioned the injury complained of: Kearney v. Fitzgerald, 43 Iowa, 584-5; Reget v. Bell, 77 Ill. 593. Each of…
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Error to Oakland. (Stickney, J). Case. Defendants bring error. The facts are stated in the opinion. The statute sued upon was intended for the benefit of those” who suffer innocently, and its aid cannot be invoked by any person who sanctioned or authorized the sale or gift of liquor to, or purchased it for the person using same, and whose intoxication has occasioned the injury complained of: Kearney v. Fitzgerald, 43 Iowa, 584-5; Reget v. Bell, 77 Ill. 593. Each of plaintiff’s children could recover in a separate suit, for any injury to his or her means of support, occasioned by the unlawful…
1Opinion of the CourtCampbell, C. J.
Plaintiff sued defendants for furnishing intoxicating liquor to her husband, who, as she claimed, was killed, while intoxicated, by a train of cars. Among other matters, proof was given tending to show that plaintiff authorized defendánts to furnish him liquor,' and procured it for him herself. There was a conflict on this. There was also testimony before the jury, given by plaintiff, that when her husband was killed she was keeping house with her husband, and had four children of different ages; the oldest being 16, and the rest younger.
Several errors were assigned, but on the argument there…
2Cited by21 opinions
- Todd v. BiglowMichigan Court of Appeals · 1974
- Craig v. LarsonMichigan Supreme Court · 1989
- Kangas v. SuchorskiMichigan Supreme Court · 1964
- Scholten v. RhoadesMichigan Court of Appeals · 1976
- Aanenson v. BastienNorth Dakota Supreme Court · 1989
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