Swank v. Bertuca

This action was brought to recover, damages under the Illinois Dram Shop Act (Ill. Rev. Stat. 1971, ch. 43, par. 135) for alleged injury to means of support of John Peter Swank, posthumous son of John D. Swank, arising out of the death of John D. Swank, plaintiff’s decedent. The jury rendered a verdict for the defendant upon which the circuit court entered the judgment from which this appeal is taken.

The decedent had been drinking at defendant’s tavern on the evening of May 3, 1972. While at defendant’s tavern, the decedent met Mary McElvain and engaged in conversation with her. The decedent…