Herrmann v. Orcutt
Massachusetts Supreme Judicial Court
Tort, under the Pub. Sts. e. 100, § 21, brought by the administratrix of Charles F. Herrmann against Eleazer F. Orcutt and Fowler L. Washburn, for an assault made upon the-intestate by Washburn while intoxicated by liquors sold him by Orcutt.
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Tort, under the Pub. Sts. e. 100, § 21, brought by the administratrix of Charles F. Herrmann against Eleazer F. Orcutt and Fowler L. Washburn, for an assault made upon the-intestate by Washburn while intoxicated by liquors sold him by Orcutt. At the trial in the Superior Court, before Staples, J., there was evidence tending to show that Orcutt sold intoxicating liquors to Washburn, which he drank, and that he thereby became intoxicated, and while so intoxicated he committed the assault in question, which, as the plaintiff contended, resulted in the death of the intestate. The defendant Orcutt…
1Opinion of the CourtField, C. J.
This is an action brought by the administratrix of the estate of Charles F. Herrmann, under the Pub. Sts. c. 100, § 21. In this section it is provided as follows: “ In case of the death of either party, the action and right of action shall survive to or against his executor or administrator. The party injured, or his or her legal representative, may bring either a joint action against the person intoxicated, and the person or persons who furnished the liquor, or a separate action against either.” The defendants are Orcutt, who sold the liquor, and Washburn, who bought and drank it, and,…
2Cited by6 opinions
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