121 Minn. 455 | Minn. | 1913
Appeal by the defendant from an order denying his motion for a new trial after verdict for the plaintiff for $533. The action was one to recover for loss of service of, and for medicine and medical
“Every husband, 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 by the intoxication of any person, shall have a right of action in his or her own name, against any person, who shall by illegally selling, bartering, or giving intoxicating liquors, have caused the intoxication of such person, for all damages sustained; and all damages recovered by a minor under this act shall be paid either to such minor or to his or her parent, guardian, or next friend, as the court shall direct; and all suits for damages under this act shall be by civil action in any of the courts of this state having jurisdiction thereof.”
The minority of the son was established on the trial, and it appeared that shortly after he had drunk a considerable quantity of beer, claimed by him to have been purchased personally at the defendant’s saloon from the defendant and his barkeeper on different occasions on the day of the accident, and while, as he testified, he was thereby intoxicated, his leg was crushed hy a car spring when he was attempting to jump from or upon an iron dump car of an ore train moving at the rate of 10 or 15 miles an hour. The defendant admitted making one sale to Conrad, but denied that his barkeeper made any. He also denied Conrad’s intoxication, and insisted that if such were the fact, the injuries were not caused thereby nor from intoxication. Other alleged defenses were set up in the answer, but were not pressed. The court clearly and fairly submitted the following propositions to the jury as controlling the controversy concerning the defendant’s responsibility for the accident:
(1) Was the son so intoxicated at the time he received his injuries that they were brought about thereby as the producing cause %
“New trials on the ground of surprise should be granted with great caution, and granting or refusing motions founded on this ground rests in the sound discretion of the trial court, and an appellate court will not disturb its action except for a clear abuse of such discretion.”
See also 2 Dunnell, Minn. Dig. §§ 7117, 7118.
Order affirmed.