6 N.Y.S. 716 | N.Y. Sup. Ct. | 1889
Chapter 428, Laws 1855, under which this action is brought, provides for a recovery when property “shall be destroyed or injured in consequence of any mob or riot.” It also provides that no persons shall recover if it shall appear that such destruction or injury “was occasioned, or in any manner aided, sanctioned, or permitted, by the carelessness or negligence of such person. ” The three persons who developed into rioters did so in the plaintiff’s hotel, andafter her servants (she being a licensed vendor) had freely supplied them with intoxicating drinks. Possibly they assembled there with evil intent. If they did, the liquor they received at the plaintiff’s bar presumably fortified that intent. If they assembled there for purely social enjoyment, the liquor presumably developed their destructive propensities. In either case the plaintiff, by her servants in charge, was to some extent blamable. The case of Paladino v. Board, 47 Hun, 337, seems to us to have been
All concur.
Learned, P. J., and Ingalls, J., concur.