Temme v. Schmidt
Supreme Court of Pennsylvania
Appeal, No. 110, Oct. T., 1903, by plaintiff, from order of C. P. No. 1, Allegheny Co., June T., 1902, No. 85, refusing to take off non-suit in case of Elizabeth Temme v. Philip Schmidt. Trespass to recover damages for death of plaintiff’s husband. Before Brown, J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
This action was brought in the court below to enforce in behalf of the plaintiff and her children the civil liability of the defendant for selling intoxicating liquor to Albert Temme, the husband of the plaintiff, a man of known intemperate habits. It is alleged that, by reason of the sale of the liquor to Albert Temme, and its use by him, he became intoxica.ted, and unable to care for himself, and ivas for a considerable period stupefied and delirious, and unduly neglected and exposed himself by reason thereof, so that in consequence he sickened and died. The…
2Cases cited3 opinions
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
- Davies v. McKnight, Pennsylvania Court of Common Pleas, Alleghany County1892
- Brashear v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
3Cited by6 opinions
- Bruggeman v. City of YorkSupreme Court of Pennsylvania · 1916
- Miller v. Director General of RailroadsSupreme Court of Pennsylvania · 1921
- Blasband v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1910
- Bier v. MyersSuperior Court of Pennsylvania · 1915
- Bower v. FredericksSuperior Court of Pennsylvania · 1911
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