Cassady v. Magher

Franklin, C.

Appellee sued appellant for driving his wagon against, over and upon appellee’s carriage. The complaint was in three paragraphs: 1st. For breaking and destroying the carriage. 2d. For injuring appellee’s children that were then in the carriage. 3d. For frightening his wife, who witnessed the collision.

Appellant answered in two paragraphs: 1st. A denial. 2d. A special plea, admitting the injuries complained of, and alleging that, at the time they were committed, he was intoxicated ; that appellee was a licensed liquor seller, and had sold him the liquors that had made him so…