293 N.W. 297 | Minn. | 1940
Coleman runs a licensed on-sale liquor store or saloon in Waconia. The National Surety Corporation is surety on his bond as such licensee. The bond is in the sum of $3,000 and is conditioned among other things to pay "any damages for death or injury caused by or resulting from the violation of any of the provisions of law relating to the business for which said licensee has been granted a license."
Plaintiffs' cause of action is based on Coleman's unlawfully selling and furnishing intoxicating liquor to Clifford, thereby causing his death. Sale of intoxicating liquor to a minor is unlawful.
On May 19, 1938, Clifford and another boy who attended the same high school he did went on a fishing trip. They stopped at Coleman's liquor store at about 6:00 p. m. They drank some beer for which they paid. The boy companion went outside, but Clifford remained at the bar, where he drank until about 10:30 *45 p. m. He drank beer, wine, and whiskey. A witness who was in the place from 8:30 on testified that he saw Clifford drink whiskey and that "he was drinking quite steady."
In the course of the evening Clifford became intoxicated and boisterous. He followed a young man who went outside and then wanted to fight with him. He stumbled about and had difficulty keeping on his feet. He took a wrestling-like hold of the young man in his attempts to fight. While committing the disturbance he was arrested and taken to Carver county jail, where he was turned over to the sheriff at about 12:30 a. m. of May 20. The sheriff testified that Clifford had been drinking and was "ornery" and put him in a cell.
About 8:00 in the morning the sheriff found Clifford dead in his cell. There was no testimony as to the cause of death. There was evidence to prove the parents' loss of support and funeral expenses.
Defendants at the close of plaintiffs' testimony moved for a directed verdict upon the grounds that there was no proof of any sale or furnishing of liquor to Clifford by Coleman and that there was no proof that Clifford's death was caused by any acts of Coleman. The motion was granted. The questions raised by the motion are presented here.
1. The contention that there was no proof that defendant Coleman furnished intoxicating liquor to Clifford rests upon the claims that there was no evidence that Clifford paid for the liquor or that the beverage consumed was intoxicating, and the suggestion that Clifford may have brought his own liquor with him and consumed it at the bar. The statute does not require a purchase. A person is liable for giving as well as selling by the terms of the statute. There was direct evidence that Clifford procured beer, wine, and whiskey at the bar. A former employe of Coleman testified that she saw Clifford and his companion at the bar drinking liquor. She was then employed there and certainly knew what was being served. That Clifford was sober when he entered the saloon and became intoxicated after consuming the beverages served there affords *46 a demonstration of its intoxicating properties. Intoxication as an effect seems plainly traceable to the liquor consumed as the cause.
There is no basis in the evidence for a finding that Clifford had any liquor with him, much less that he took any into the saloon with him to drink at Coleman's bar. After all, Coleman was a licensed liquor dealer. He operated his place for the purpose of making sales of his own liquor and not as a place where people could come to drink their own. That a saloon-keeper would permit a person entirely unknown to him to bring his liquor into his saloon and drink it at his bar seems highly improbable. The evidence would have sustained a finding that Clifford became intoxicated by liquor furnished to him by the defendant Coleman. McDougall v. Giacomini,
2. The causal connection between the use of intoxicating liquor and resulting injury or death is always a fact question. The only question here is whether the evidence would have permitted the jury to find that Clifford's death was caused by drinking intoxicating liquor sold or furnished by Coleman.
The facts are that Clifford was only a high school boy, 19 years of age; that he drank steadily at Coleman's bar for four and one-half hours partaking of beer, wine, and whiskey; that after he had been drinking he became intoxicated, talkative, boisterous, and quarrelsome. He got so that he stumbled when he walked and could hardly manage himself. After he got in that condition he went outside and wanted to fight. When he was locked up by the sheriff about two hours later he still bore the evidence of his drinking and was "ornery." He was put into a cell in the jail without anything being done to remedy his condition. He was found dead in his cell about seven and one-half hours later.
There was no medical testimony one way or the other as to the cause of death. If a finding of death due to alcoholism were made it would have to be sustained as a justifiable inference from the facts stated. The very basis for the regulation *47 of traffic in intoxicating liquors is the well known injurious qualities of intoxicants. The law has taken notice of the injurious effects of the use of intoxicants by minors by prohibiting selling or furnishing the same to them. Because of the damage done to others by the use of liquor, civil damage acts impose a liability on the seller in certain cases. Although our law permits the sale of intoxicating liquor under regulation, it seeks to mitigate its harmful effects by education. Under 3 Mason Minn. St. 1940 Supp. § 3200-29 (Ex. Sess. L. 1933-1934, c. 46, § 9), it is the duty of the liquor control commissioner to assist the state department of education "to prepare a course of instruction relating to the effects of alcohol upon the human system, upon character, and upon society. Such course of instructions shall be used in all public schools of the state."
The pathological effect of using intoxicants is well known. It is common knowledge that large doses may cause death almost simultaneously by a reflex action on the heart or by cardiac and respiratory depression after the drug has been absorbed. 1 Encyc. Britannica (14 ed.) p. 541. So, too, mania may result. Here violence and disease are excluded as causes, since there is no evidence of either. The only apparent cause of death shown by the evidence was acute alcoholism. Death by acute alcoholism was supported as such a strong probability as to permit the inference that such was the fact.
We have no controlling decision on this point. In Fest v. Olson,
There is a dearth of authority on this precise point. The only cases in point sustain the view that the question of causal connection is a fact question for the determination of the jury where the evidence is the same as it is here. In McCarty v. State ex rel. Boone,
"In our opinion the jury was authorized to infer that Boone came to his death as a result of intoxication produced by such unlawful sales. The physicians may have been unable to venture a definite opinion as to the cause of death, but the jury was authorized to draw such an inference. In reasoning from cause to effect, that body followed the evidence, instead of indulging in a vague and speculative doubt as to whether some third person might have caused Boone's death."
That case controls here.
The case of Tidd v. Skinner,
Here the connection between the excessive use of intoxicating liquor and death was such as to permit the inference that the latter resulted from the former. Other causes are excluded by this record. The excessive drinking was evidence of the presence of intoxicating liquor in the boy's body in such quantities as to be a deadly agency. The boy's drunkenness with consequent loss of physical and mental function showed that the liquor was causing its well known pathological effects. To hold that the use of the liquor caused death is simply to say that a phenomenon which was manifesting its pathological effect had run its complete course. The inference is permissible since it accords with a well known effect of the only shown cause.
The suggestion that it appears from the companion case, Sworski v. Simons,
Just how proof of suicide would help the respondents is not apparent. Under civil damage acts such as ours which permit recovery for injury to person, property, or means of support "by an intoxicated person" or by the intoxication of any person, "the courts are practically unanimous in holding that it is not necessary that the intoxication be the proximate cause of the injury," 15 R.C.L. p. 435, § 206, note 6; and that where suicide committed while intoxicated results in injury to support and maintenance, recovery may be had for such injury, Neu v. McKechnie,
In our opinion the evidence was sufficient to present fact questions on both issues. Hence it was error to direct the verdict.
Some of the witnesses were hostile and unwilling to disclose the facts. The trial court has the power and should, upon a retrial, remedy that situation.
Reversed and new trial granted.