Ennis v. Shiley
Supreme Court of Iowa
Appeal from, Ha/rrison Ci/rcuit Court. The plaintiff avers in her petition, in substance, that she is a married woman, and the wife of one John Ennis, and has been for the last eighteen years; that said John Ennis has become addicted to the habitual use of intoxicating liquors, which were sold to him by the defendants during the five years last past; that in consequence thereof he has squandered his property, and become weakened and debilitated in body and mind, and…
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Appeal from, Ha/rrison Ci/rcuit Court. The plaintiff avers in her petition, in substance, that she is a married woman, and the wife of one John Ennis, and has been for the last eighteen years; that said John Ennis has become addicted to the habitual use of intoxicating liquors, which were sold to him by the defendants during the five years last past; that in consequence thereof he has squandered his property, and become weakened and debilitated in body and mind, and incapable of earning money. The defendants filed an answer consisting of two counts. In the first they alleged, in substance, by…
1Opinion of the Court
Adams J.
i. intoxicafonnei-reeoyi Sig." plead I. The facts set up in the first division of the answer were not proper as a defense. They might, it is true, be shown in evidence. But they were proper to be shown, not in mitigation of damages, but to enable the jury to determine more accurately for
what damages the defendants were liable. See ojfinion on rehearing in Engleken v. Webber, p. 558, post. The demurrer, therefore, should have been sustained.
*5542__. _. • *553II. The demurrer to the second division we think should *554also have been sustained. It is true that the defendants allege that the injury…
2Cases cited4 opinions
- Woolheather v. RisleySupreme Court of Iowa · 1874
- La France v. KrayerSupreme Court of Iowa · 1875
- Jewett v. WanshuraSupreme Court of Iowa · 1876
- Hitchner v. EhlersSupreme Court of Iowa · 1876
3Cited by8 opinions
- League v. EhmkeSupreme Court of Iowa · 1903
- Bellison v. A. Apland & Co.Supreme Court of Iowa · 1902
- Henry v. HenrySupreme Court of Iowa · 1922
- Richmond v. ShicklerSupreme Court of Iowa · 1881
- Jackson v. NobleSupreme Court of Iowa · 1880
3 more not listed; retrieve them via the Exa API.