Legal Opinion

Dickmann v. Thomas

South Dakota Supreme Court

Decided November 16, 1915No. File No. 3844PublishedCited by 4 opinions

Appeal fro-m Circuit Court, Tripp- County. Hbn. W|iliam Wiiliamson, Judge. Action by Alice Dickmann, against F. C. Thomas, to recover damages caused by sale of intoxicating liquors to- plaintiff’s husband. From a judgment for plaintiff, and from an order denying a new trial', defendant appeals. (x) Under point one of the opinion, Appellant submitted that: There is no proof- of Dickmann’s ¡d'eaith by suicide.

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Appeal fro-m Circuit Court, Tripp- County. Hbn. W|iliam Wiiliamson, Judge. Action by Alice Dickmann, against F. C. Thomas, to recover damages caused by sale of intoxicating liquors to- plaintiff’s husband. From a judgment for plaintiff, and from an order denying a new trial', defendant appeals. (x) Under point one of the opinion, Appellant submitted that: There is no proof- of Dickmann’s ¡d'eaith by suicide. And cited: Cyc. of Ev. 113; Kornig v. Western Indemnity Company, 112 N. W. 1039. (4) To point four of the opinion, Appellant -cited: Pol. Code, Sec. 2849; Lockhard vs.-Dan Alsty-ne, 120…

1Opinion of the CourtGates, J.

This is an action- by a widow, on behalf of herself and minor children, against a saloon keeper and his surety upon his bond, to -recover damages caused by the sale of 'intoxicating liquors -to' her husband, resulting, it is .alleged, in his suicide. Pol. 'Code, § 2849, and- § 2844, ¡as amended by chapter 247, Laws 1909. Verdifct and judgment were rendered in favor of plaintiff in the sum of $-1,000 against the -defendant and his surety. From such judgment and an -order denying a new ¡trial, defendant has appealed. The surety company did not ¡appear in the -cause.

[1,2] It is claimed that -the…

2Cases cited9 opinions

  1. Kennedy v. GarriganSouth Dakota Supreme Court · 1909
  2. Theisen v. JohnsMichigan Supreme Court · 1888
  3. Garrigan v. KennedySouth Dakota Supreme Court · 1904
  4. Palmer v. SchurzSouth Dakota Supreme Court · 1908
  5. Axiom Mining Co. v. WhiteSouth Dakota Supreme Court · 1897

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3Cited by4 opinions

  1. Dacotah Packing Co. v. BertelsonSouth Dakota Supreme Court · 1927
  2. Strong v. SchafferSouth Dakota Supreme Court · 1917
  3. Button v. GranbergSouth Dakota Supreme Court · 1919
  4. Stage v. DollSouth Dakota Supreme Court · 1919

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