138 Minn. 31 | Minn. | 1917
This is an action by the plaintiff, Martha Fest, to recover for the death of her husband, Andres Fest, alleged to have been caused by the use of intoxicating liquor sold him in violation of law. There was a verdict for the plaintiff. The defendants appeal from the order denying their motion for a new trial.
The defendants Olson and Giacomo were licensed saloonkeepers in Gilbert, St. Louis county. Each operated a saloon. The defendant Illinois Surety Company was a surety on the statutory bond of each. The statute imposing upon licensed saloonkeepers liability for illegal sales is as follows:
“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*33 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.” G. S. 1913, § 3200.
“In order that the intoxicating liquor may operate to cause the intoxication I take it that it is not necessary that, the intoxicating liquor furnished be the sole cause of the intoxication; it is sufficient if it cooperates with other intoxicating liquors that may have been furnished to cause the intoxication, 'and if intoxicating liquors are furnished to a man who is already intoxicated which continues him in a state of intoxication further than he otherwise would be, it would be furnishing liquor operating to cause the intoxication, or if it increases the degree of his intoxication within the meaning of this statute.”
The charge was correct. To render a defendant liable his sale need not
Order affirmed.