Triggs v. McIntyre
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Lake county; the Hon. C. H. Donnelly, Judge, presiding.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Lake county; the Hon. C. H. Donnelly, Judge, presiding. This is an action of trespass on the case, brought by the widow and daughter of one John P.'McIntyre, deceased, under section 9 of the Dram-shop act, the daughter, Agnes McIntyre, an infant, suing by her mother and next friend, Josephine McIntyre, and Josephine McIntyre in her own behalf, against Bernard H. Anderly and the appellant, James Triggs, as defendants. Pleas of the general issue were filed by the appellant, James…
1Opinion of the CourtJustice Magruder
First—The main contention of appellant in' this case is, that the death of McIntyre was due, not to intoxication, but to an assault upon him, made by some unknown person or persons. There is no positive evidence in the record that any assault was made upon the deceased. He had been drinking in the saloon, kept by Anderly in the appellant’s building, on the evening of September n, 1902, and left there in company with a man, named Lightbody. When he had proceeded to a certain distance, he fell down upon the sidewalk in a state of intoxication, and Lightbody, not being able to awaken him, went…
2Cases cited2 opinions
- Hackett v. SmelsleyIllinois Supreme Court · 1875
- Schroder v. CrawfordIllinois Supreme Court · 1880
3Cited by12 opinions
- Hyba v. C. A. Horneman, Inc.Appellate Court of Illinois · 1939
- Klopp v. Benevolent Protective OrderAppellate Court of Illinois · 1941
- Lester v. BugniAppellate Court of Illinois · 1942
- Overocker v. RetoffAppellate Court of Illinois · 1968
- Whiteside v. O'ConnorsAppellate Court of Illinois · 1911
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