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72 Vt. 117

Fabor v. Green

Supreme Court of Vermont

Decided February 12, 1900

Supreme Court of Vermont · decided 1900-02-12

Assumpsit to recover the purchase price of fifty gallons of methyl alcohol. Oity Court of Montpelier, January 30, 1900, SmiUe, J. Trial by the court, and judgment for the plaintiff. Defendant excepted. The defence was that methyl alcohol is intoxicating liquor within the meaning of Y. S. Chapter 187, and that therefore no recovery could be had for the purchase price. The facts stated in the opinion were found by the trial court.

Relies on Lau Ow Bew v. United States · Russell v. Sloan

Good law ✅— No negative treatment on recordhow we know

Decided 1900-02-12

How this case has been cited

Cited by 4 later decisions — most recently March 1941

4 state decisions

2019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Watson, J.

¶1The plaintiff seeks to recover the purchase price of fifty gallons of methyl alcohol, commonly known as wood spirit or wood alcohol, sold by him to the defendant.

¶2The defendant contends that this alcohol is an intoxicating liquor, the sale of which is prohibited by law, and therefore no recovery can be had by reason of section 4464 of Yermont Statutes.

¶3Such alcohol is obtained by the destructive distillation of wood, is ranked as a narcotic poison, and if drank either pure, adulterated, reduced many times its weight in water, other aleo*118hoi or fluid, it kills the person drinking it. It was not intended to be used as a beverage and could not be so used.

¶4The laws against the illegal traffic in intoxicating liquors were intended to include only such liquors as could be used as a bever&ge Russell v. Sloan, 33 Vt. 656 — and to construe the statute as prohibiting the sale of other liquids similar in name but so much more poisonous in nature as to prevent their being used in that way, would be giving it an extraneous and unnatural force not intended.

¶5“ Nothing is better settled than that statutes should receive a sensible construction, such as will effectuate the legislative intention, and, if possible, so as to avoid an unjust or an absurd conclusion.” Lau Ow Bew v. United States, 144 U. S. 47.

¶6Judgment affirmed.

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