56 Ind. App. 155 | Ind. Ct. App. | 1913
Lead Opinion
Appellee brought this action against the Terre Haute Brewing Company, Claude D. Miller and David O’Donnell, to recover damages for the loss of the support of her husband, Charles Ward, resulting from the alleged illegal sale to him of intoxicating liquor. David 0 ’Donnell died during the pendency of the action and the suit abated as to him, but judgment was rendered against the other two defendants.
On Sunday, May 12, 1907, Charles Ward, appellee’s husband entered a place at the northeast corner of Maryland and Davidson Streets in the city of Indianapolis, where intoxicating liquors were being sold in violation of law, by the defendant, Claude D. Miller. Miller sold Ward two drinks while he was in a state of intoxication, and, shortly
The complaint is in three paragraphs each of which avers that the defendant, Terre Haute Brewing Company colluded and connived and became a party in interest with the defendant David O’Donnell in the conduct of the business at the beginning of the same and became interested in the profits and proceeds of such business, and received a part of the profits for its aid and participation therein. Appellant filed a motion for an order requiring plaintiff to
From a consideration of the whole record the court is of the opinion that the ease was fairly tried on its merits and that a correct result was reached. No substantial error was committed for which the judgment should be reversed. Judgment Affirmed.
Rehearing
On Petition foe Reheaeing.
Petition for rehearing overruled.
Note. — Reported in 102 N. E. 395; 105 N. E. 58. As to liability of liquor seller to wife of purchaser for loss through husband’s condition resulting from the selling, see 85 Am. St. 452. On the question of criminal liability for violation of liquor law by partner, servant or agent, see 41 L. R. A. 661; 16 L. R. A. (N. S.) 786; 20 L. R. A. (N. S.) 321; 33 L. R. A. (N. S.) 419. As to the liability under a civil damage act of several persons contributing to intox