Pickard v. Teatro

Decided February 4, 1890

Appellate Court of Illinois · decided 1890-02-04

William C. Jones, Judge, presiding. This is a demurrer to a declaration under the 9th section of the Dram Shop Act, to recover damages for injury to means of support of the wife caused by the death of the husband. Defendants in error were persons engaged in the sale of intoxicating liquor and persons who were the owners of the premises where the intoxicating liquors were sold, which premises were knowingly rented for that purpose.

Cited by 3 later decisions — most recently February 1944

3 state decisions

Relies on King v. Haley

Good law ✅— No negative treatment on recordhow we know

Decided 1890-02-04

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Phillips, J.

¶1This declaration substantially states that defendants caused the intoxication of Jacob Ward by selling or giving him intoxicating liquor and by reason of such intoxication so caused, and in consequence thereof, Jacob Ward assaulted Jonathan Pickard, the husband of the plaintiff, and caused his death, by means of which the plaintiff was injured in her means of support. This case is clearly within the rule laid down in King v. Haley et al., 86 Ill. 106, and the declaration stated a cause of action.

¶2The court erred in sustaining the demurrer; the judgment is reversed and the cause remanded.

¶3Mover sed and remanded.