Cox v. Newkirk
Supreme Court of Iowa
Appeal from Dallas Circuit Court. The plaintiff, Frances A. Oox, brings this action to recover for damages alleged to have been sustained by reason of the intoxication of her husband by liquor sold him by the defendants Newkirk and Kearms. She also asks that she may be allowed a lien upon the lot on which the liquor was sold. There was a trial to a jury, and verdict and judgment were rendered against Kearms for $2,416.66, and the same was made a lien upon the lot.
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Appeal from Dallas Circuit Court. The plaintiff, Frances A. Oox, brings this action to recover for damages alleged to have been sustained by reason of the intoxication of her husband by liquor sold him by the defendants Newkirk and Kearms. She also asks that she may be allowed a lien upon the lot on which the liquor was sold. There was a trial to a jury, and verdict and judgment were rendered against Kearms for $2,416.66, and the same was made a lien upon the lot. The defendant Sarah J. Harlan, the owner of the lot, appeals.
1Opinion of the Court
Adams, Oh. J.
-The plaintiff’s husband, Oharles E. Oox, *43was a practicing attorney at Perry. Until the winter of 1883 and 1884 lie supported liis family comfortably. About that time, however, his intemperate habits increased, and he became a drunkard. In the spring of 1884, he became affected with delirium, tremens, but afterwards partially reformed. The last of November, 1884, Kearms leased from Mrs. Harlan the premises in question for a grocery store, and occupied the same for about two months. During that time he sold intoxicating liquors to some extent to the plaintiff’s husband. Cox became…
2Cases cited3 opinions
- Ennis v. ShileySupreme Court of Iowa · 1877
- Meyers v. KirtSupreme Court of Iowa · 1881
- Flint v. GauerSupreme Court of Iowa · 1885
3Cited by2 opinions
- League v. EhmkeSupreme Court of Iowa · 1903
- State ex rel. Egermayer v. KellySupreme Court of Iowa · 1911