Case, brought by a widow, upon s. 3, c. 3, Laws of 1870. Among other things in the declaration, it is alleged, in substance, that the plaintiff was dependent on her husband for means of support, and that his death, on the 27th day of December, 1875, was caused by his intoxication from the use of liquor unlawfully sold him by the defendant on the first day of January, 1871, and on divers days between that day and his death.
Decided 1877-08-05
Doe, C. J.
¶1
It cannot be held, as matter of law, that the frequent intoxication of the plaintiff’s husband during the last five years of his life could not have caused his death. And the court cannot adjudge habitual drunkenness to be a cause of death too remote for legal cognizance. The legislature has not prescribed the number of instances of intoxication to which the death or disability must be traced, or the time within which the inquiry is to be confined. We think the person whose death or disability is caused by his own intoxication, may bo “such injured person” on whom the plaintiff was dependent, within the meaning of the statute, and that the evidence offered in this case is admissible on the question of death.
