Smyrna times., 1855-01-10
WineshOp Keepers Damages

When travelling in the valley of the Rhine,
was prosaic enough to inquire in the towns Of
Nierenstien, Lousenheim, Oppenheim, and 9TH z
ers. world-renowned for their excellent wines,
about the habits of the people in regard to that
nice balance between little more, or a little
less, 1. e. temperance. Nearly all the people
there have chance of raising and drinking
their own wine. Although its color is greenish
instead of golden, and its taste sour instead of
nectarish, still he smacks his lips when slipping
it. | could not discover a single drunken man,
and mus, candldly confess, that once was near
being subdued myself by the young bouyant,
fragrant spirit escaping from bottle of excell-
ent Nlerenstener. Still there must be at times
a victim which one may inter from the follow
ing case, which picked up
A. 'Wemschenker' (wine-shoPkeeper) in o..
of the name OF A., complained before the Dis
trict-nercht, or county court, that L., one Of
his guests, had in a fit of drunkenness broken
some bottles, glasses, furniture, &C., amounting
! in value to some twenty dollars, which he claim
ed from l.. The Court investigated the matter,
examined the persons who were present in the
wine-house when the event happened, also the
wife and parents OF L., and after the close of
this examination, gave the following Bescheid'
| or sentence -
That the petition (or libeD of the licensed
| w Welnschenker' A., for lndemnltcatlOn in re-
gard to the utensels broken by L., in a state of
drunkenness at AS wine-shop, is nadmisslble:
because, LIST, it is the fault of the plaintiff that
L., became intoxicated and troublesome at his
stand, in consequence OF selling him freely more
WINE than he could drink without losing the use
of his senses; ID, by so doing, A., has violated
the principal condition under which the gov
ernment has granted him the license to sell al.
1 cholc beverages, viz, the prudent, cautious mo-
derate retailing of such stufs to the people, in
order to prevent abuse, similar to apothecaries
and dealers in gunpowder, and other life and
h death endangerlng objects, who are all made re-
sponsible by law for a careful and judiclous
!, management Of their business; Sd, the plaintif
i A., must be considered the prime pal author o.
the injury suffered through L., so that on the
other hand, rather the defendant L., or his wife
- and all who depend upon him for support, have
a right to claim damages against the presen
. plaintiff, on the ground of neg lecting in gross
;, manner, his duties Royal licensed wine
- shop-keeper, towards L., when a guest at hi
- wine shop
:. " The wife of L.. in the name of the family de
" pending upon him for support, sued afterward
" the 'Weinschenker' A., and recovered quite
!, considerable sum for damages, whose appeal
70 were rejected as unfounded.
= My informant assured me that this alwSy
:, had been the practice of the Judiciary in sue
cases, which, however, were of very rare occur
~ " renee; and that, no doubt, it had given a gene
~ ~ raj thorough check to intemperance, and to tf
y, - nefarOus specuations of the Royal license
~ ~ wine-sbop- keepers in selling the wine, &C.,
g their guests in too liberal quantities for Ii
- sake ui gam.