Cobb v. People

In a suit upon a bond executed under the 5th section of the “ Dram Shop Act,” exemplary damages can not be recovered, but actual damages only, and such as the party, for whose use the suit is brought, may sustain, either in person, property or means of support.

Under section 9,—and under which section most actions against dram shop keepers are brought,—such damages may be recovered, if actual damages shall be proved. It was error, •therefore, to instruct the jury, in an action of debt on the bond, exemplary damages might be given.

' It is objected, this cause was not tried by the judge of the…