Legal Opinion · Concurrence

State ex rel. Dark v. Mann

Indiana Court of Appeals

Decided January 15, 1909No. 6,482Published

From Superior Court of Marion County (68,379) ; John L. McMaster, Judge. Action by The State of Indiana, on the relation of Elizabelli Dark, against James M. Mann and others. From a judgment for defendants, plaintiff appeals.

1Concurrence

Concurring Opinion.

Rabb, J.

This action is based upon that provision of the temperance law providing that any person who shall sell intoxicating liquor, in violation of any of the provisions of this act, shall be personally liable, and also liable on his bond to any person who shall sustain injury or damage to his person, property or means of support.

Together with much redundant matter, it is averred that the relatrix’s husband was a person in the habit of becoming intoxicated; that appellee Mann was a licensed saloon-keeper, engaged in retailing intoxicating liquors at a certain designated…

2Cases cited21 opinions

  1. Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
  2. Hamilton v. JonesIndiana Supreme Court · 1890
  3. Cohn v. NeevesWisconsin Supreme Court · 1876
  4. Chicago & Northeastern Railroad v. SturgisMichigan Supreme Court · 1880
  5. Board of Commissioners v. JarneckeIndiana Supreme Court · 1905

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