134 Iowa 172 | Iowa | 1907
The defendants, Ney Bros., were registered pharmacists, doing business at the town of Webb, Iowa, during the year 1904, and held a permit for the lawful sale of intoxicating liquors. During the year named, William Bistline, a young married man of twenty-seven years of age, resided with his wife upon a farm about three miles from Webb. The evidence shows quite clearly that Bistline was in the habit of drinking intoxicating liquors to excess and frequently became intoxicated, with the usual result of more or less domestic unhappiness. On the evening of October 29, 1904, Bistline, accompanied by one Mc-Olay, his hired man, visited the town of Webb. He returned home that night about half past ten o’clock considerably intoxicated. His wife with her young child were in bed. She gave expression to some words of complaint or remonstrance to her husband He manifested considerable excitement, and, as .was his wont when in a maudlin condition, shed tears. Leaving his wife he went upstairs to McClay’s room, where he procured a revolver, but McClay followed and took the weapon from him. He was after-wards heard to go out of the door, and was not seen again, till morning revealed his dead body at the bam some three hundred feet distant from the house. The appearances in
Follovring these propositions, the court gave the following instructions which we quote in full:
(26) It does not follow that merely because a person injures himself, or is injured while in the state of intoxication, that such intoxication is the cause of such injury, or that any person causing or contributing to such intoxication is liable for the injury.
*176 (27) In order that the defendants, or any of them, may be held liable for any damages resulting’ to the plaintiff because of the death of William Bistline, it must be shown that the death was caused in a manner, and by means, which naturally resulted because of his intoxication so caused. The motives which lead a human being to acts of violence against himself or others, in order that liability should be created against one who furnishes to such person intoxicating liquors, must be of such character as to be naturally aroused, produced, or set in motion by means, and because of intoxication resulting from the use of such liquors. The mere fact, if it be a fact, that one who has used intoxicating liquors is guilty of acts of violence towards himself or others is not itself sufficient to show that such acts of violence were influenced or caused by the use of such intoxicating liquors. As to whether it was so caused or not it is for you to say from the evidence.
(30) It is not enough in order that you may find a verdict against the defendants or either of them that you find that they made sales of intoxicating liquors or furnished intoxicating liquors to the said Wm. Bistline, and that such sales produced intoxication; in any event, the plaintiff cannot be entitled to a verdict, unless you can find that it is proven by a preponderance of the evidence that if said sales had not been made or such intoxicating liquors furnished by the defendants, or some of them, that the death of said Wm. Bistline would not have resulted.
In our opinion, the instructions here quoted and the others of similar character to which we have made reference, do not correctly state the law. The statute under which this action is brought (Code, section 2418) provides that “ every wife, child, parent, guardian, employer, or other person who shall be injured in person or property or means of support by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person ” shall have a right of action for the damages so sustained against any one who, by selling liquors in violation of law, causes the intoxication of such person. The instruction given the jury, and the argument for appellee, seem to go upon the theory
It is to be remembered that this statute creates a new right of action, and, to sustain such action, the person injured is not required to establish all the elements of an injury actionable at common law. It is enough if the facts alleged and proven include all the elements which the statute upon reasonable and fair construction may be said to pre
Some of the difficulty which counsel for appellees profess to find with the application of the statute of the present case will disappear when we note that the liability which is here created is not for injuries resulting from the wrongful sale of liquors, but for injuries done by the intoxicated person to others, or resulting to others in consequence of such
In New York it has been held that where a husband
While cases may be found in which the ordinary rule of proximate cause is spoken of as applicable to claims for recovery of damages for injury done by an intoxicated person, there is scarcely one in which a recovery has been sustained that such rule is not ignored or treated as superseded by the statute. Bor instance, where the owner of a building let his property for saloon purposes, and the tenant sold liquor to a third person who became intoxicated thereon, and in such a condition abused and caused the death of a horse
Numerous other questions are pressed upon our attention in argument, but we have said enough to indicate the necessity of ordering a new tidal, and other points, which we do not discuss, are not likely to arise on another hearing.
For the reasons stated, the judgment of the District Court is reversed.