137 Minn. 169 | Minn. | 1917
Defendant is the surety on the liquor license bond of Nick Schwien
Two points made by defendant on this appeal may be disposed of before considering the case on its merits.
The. statement of facts which follows, should be sufficient to an understanding of the questions involved below and on this appeal. Frank Posch was a farmer who helped in the farm work and did work for others when he was not drunk. On Sunday, October 10, 1915, at about 1:30 p. m. he left his home for the saloon of Sehwientek, some three miles distant, and never returned alive. The evidence is undisputed that on his arrival in the saloon he was sober, but it is fairly clear that he did his best, with the able assistance of the bartender, to overcome this obstacle to a happy Sunday afternoon. He took four or five drinks of brandy or whiskey, probably the former, purchased a pint of the same liquor and left the saloon. He visited a store in the village where, with a little help, he consumed the pint: He then, in company with two friends, returned to the saloon. At this time he was admittedly “talking loud” and “feeling happy.” He took five or six more drinks in rapid succession, and then bought another pint bottle. The evidence is quite persuasive that Posch was pretty well intoxicated at the time of this last purchase. He left the saloon alone. This was late in the afternoon and it was growing dark. Shortly after this he was seen lying in a ditch by the roadside some 80 rods from the saloon. He was asleep. In the early evening the people in front of whose place Posch was lying made an unsuccessful effort to rouse him; he was lying on his face, and they apparently succeeded in partly turning him, after which they left him for the night. In the morning Posch was found still lying in the ditch, but dead. The coroner was notified and arrived during the forenoon. He testified that Posch was lying with his face
Order affirmed.