Legal Opinion
Johnson v. McCann
Appellate Court of Illinois
Decided November 15, 1895PublishedCited by 2 opinions
Action Under the Dram Shop Act.—Appeal from the Circuit Court of Fulton County; the Hon. Jefferson Orr, Judge, presiding.
1Opinion of the CourtJustice Boggs
delivered the opirior op the Court.
The appellees, minor children of Barney McCann, were given by the statute (Sec. 9, Chap. 43) a right of action to recover damages for injury to their means of support by reason of the intoxication of the father.
This right is wholly independent of the like right given the wife by the statute.
It may be prosecuted by a child in his or her own name. Such is the express provision of Sec. 9, Chap. 43, E. S.
Hence, release by the wife could not operate to prejudice an action by the children.
She had no authority by reason of the relation of parent and child to…
2Cases cited2 opinions
- Flynn v. FogartyIllinois Supreme Court · 1883
- Hanewacker v. FermanIllinois Supreme Court · 1894
3Cited by2 opinions
- Caine ex rel. Cavanaugh v. Victor Lamp Co.Ohio Superior Court, Cincinnati · 1913
- In re Estate of Harris, Superior Court of California, County of San Francisco1908