156 Mass. 21 | Mass. | 1892
It was not necessary under any of the first six counts of the declaration to prove the averment of time as laid.
Knowledge on the part of the defendant that the plaintiff’s husband was accustomed to get intoxicated, or had been intoxicated within six months next preceding the sale of intoxicating liquors to him by the defendant, is not necessary to sustain an action under the Pub. Sts. c. 100, § 21. The statute does not make such knowledge a constituent element of the cause of action. See Commonwealth v. Julius, 143 Mass. 132.'
Under the last count, a sale on one occasion of intoxicating liquor within the time alleged could be proved. Sackett v. Ruder, ubi supra. The cause of action is not within the Pub. Sts. c. 197, § 3.
The allegations of the different counts in substance are that the defendant sold intoxicating liquors to Henderson J. Edwards, the plaintiff’s husband, to be drunk by him, which he drank, and thereby became intoxicated, and that the defendant thus caused his intoxication. This is not in terms an allegation that the defendant wholly caused his intoxication, and it is sufficient to support the action to prove that the defendant caused it in whole or in part, for this is the language of the statute. Bryant v. Tidgewell, 133 Mass. 86.
If this is not such an action as is described in the Pub. Sts. c. 197, § 3, it has not been contended that the time within which the action may be brought is not six years next after the cause of action accrued. Pub. Sts. c. 197, § 1, cl. 4.
Exceptions overruled.