Horrigths v. Troesch

<p>Abstract of the Decision.</p> <p>1. Intoxicating liquors, § 227*—how knowledge of owner of building of traffic in liquor shoion. In an action by a wife under the Dramshop Act, sec. 9 (J. & A. ¶ 4609), against a saloon keeper and owners of premises where the intoxicants were sold, it may be shown by facts and circumstances that the owners knew that the occupant was engaged in the sale of intoxicating liquor.</p> <p>2. Intoxicating liquors, § 227*—when evidence sufficient to show knowledge by owner of building of sale of. In an action by a wife under the Dramshop Act, sec. 9 (J. & A. ¶ 4609), against a saloon keeper and. owners of premises whereon the intoxicants were sold, held that the fact that the saloon keeper had conducted a dramshop on the premises for several years was a circumstance from which the jury could reasonably infer that the owner knew that intoxicating liquor was being sold there. 3. Intoxicating liquors, § 172*—when degree of intoxication immaterial. In an action by a wife under the Dramshop Act, sec. 9 (J. & A. ¶ 4609), for injury to her means of support,, held that if the intoxication caused by the defendant saloon keeper was such that in consequence thereof the plaintiff' suffered damage to her means of support, the degree of intoxication was immaterial.</p> <p>4. Intoxicating liquors, § 247*—when death of person due to intoxication of another is question for jury. In an action by a wife under the Dramshop Act, sec. 9 (J. & A. ¶ 4609), for injury to her means of support, resulting from her husband having been killed by one to whom the defendant saloon keeper had sold intoxicating liquor, held that the question - whether the intoxication was the proximate cause of the killing was for the jury.</p>