Buckmaster v. McElroy

<p>Liquors: petition to recover damages. A petition alleging that the defendant, a licensed saloon keeper, was engaged in the business and traffic of keeping a saloon and selling intoxicating liquors therein, and that the plaintiff went into said .saloon and ' called for whiskey, and in response to said call obtained intoxicating liquor in said saloon, by the drink, which plaintiff drank in said saloon, and thereafter, about evening of said day, started on his journey to his home, which was distant about five miles. That said intoxicating liquor, so obtained in said saloon of defendant, from said defendant, and there drank by plaintiff, greatly affected the nervous system of plaintiff and caused the plaintiff to become and be stupified and unconscious. That said day, evening and night, were very cold, that when in the following morning plaintiff regained his consciousness he was lying out of doors on the ground and both of his legs frozen to such an extent that they had to be amputated and were amputated. That plaintiff is a common laborer, and by the loss of his legs has been permanently incapacitated and deprived from following his occupation, and thereby wholly deprived of the means of livelihood, to his damage, etc. Held, To state facts sufficient to constitute a cause of action.</p>