The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1872-04-09

| w. Lowe npSicCls anu laliS W SUppOl|
and maintain her, as be should; by rea
son Of such intoxication, and that shc
has beci injured by the wrongful and
unlawful conduct of defendant in selling
and giving to Charles W. Lowe liquors
as aforesaid, in the sum OF $1,000, for
which she praYs judgment.
To this petition the defendant pleads
the general issue, or in other words sim
ply denies the allegations Of plaintiff
petition-upon this simple issue, the
case is to lie tried.
The first question you will consider,
gentlemen, is this: Did the defendant
Louis Wollenweber, sell or give, by
himself or his agent, whisky or intoxi
eating liquor to the husband of Susan
nah Z. Lowe; whereby he became in.
toxicated, and under the influence o.
which, he inflicted the injury complain
ed of by the plaintiff.
The second question you will consid-
er, is: Was the plaintiff injured in he1
person, property, or means of support
by reason Of the intoxication produced
in whole or in part, by the liquor sold
or given to the said Charles W. Lowe,
husband of the plaintiff, by the defend
ant in this action.
To determine these questions you are
authorized and it is your duty to look
to all the testimony which has been
brought before you on the trial and you
may also look to all the circumstances
surrounding the parties in this action,
and Charles w. Lowe, husband Of the
plaintiff, which have been brought to
your notice during the trial. A chain
of circumstances pointing to conclu-
sion, is often very strong, in the absence
of positive testimony. .
If the defendant sold or gave the liq-
uor to the husband of the plaintiff, he
is responsible for the consequences OF
his act; and if the liquor was sold or
given by any other person who acted as
the agent of the defendant in the bust
ness of selling liquor, the defendant is
still responsible, for the act of the agent
is the act of the principal, and the prin-
cipal is bound for the wrongful act of
the agent. But, if the defendant did
not himself, or by his agent sell or give
the liquor to the husband of Susannah
E. Lowe, the defendant is not liable
If, then,you are satisfied by prepon
deraRce Of testimony, that the defend
ant, Louis Wollenweber, by himself or
agent, in the business of selling liquor,
wrong fully sold er gave to the husband
Of the plaintiff, liquor that thereby in
toxicatisn, in whole or in part, was pro-
duced upon said husband, and that in
jury to the plaintiff, in her means OF
support thereby resulted, then the de.
fsndent is liable, and you will inquire
farther as to the damages.
In doing this, you will first inquire
as to the actual damages sustained by
the plaintiff in her means of support.
And in this connection you may con,
slider the fact that plaintiffs husband
was mechanic, his ability in that oc-
cupation to furnish support to his
wife and family, anG what that support
under these circumstances, would reas-
onably be worth-or the value of his
labor to her, if he were notify intoXica.
ten, incapacitated from performing la
Dor.
A wife has an interest in her hus.
bands capacity to perform labor as g
means of support, and she may prose
cute an action for damages resulting
from the deprivation of such means oI
support in consequence of the intoXica-
ton of her husband, against any person
who caused such intoxicaton by selling
to him Intoxicating liquors in violation
of the Statute; and in considering the
question of injury to her means of sup
port it is not necessary for the wife to
show, that she has been, at any time, in
whole or in part, without present means
of support.
1t is enough that the means Of her
future support have been cut off, or di-
minished below what is reasonable and
competent tor person in her station
in life, and below what they would 9th
erwise have Teen; and the rule of dam.
age in such case, should be, not the
amount of loss occasioned to the hus
bands estate, but the dirainution, if any
thereby resulting to her means of pres
ent and future support; and liability oI
the defendant, for injury to the means
of support is not confined to cases re
sulting from drunkenness, Immediately
and during its continuance, but extends
as well, to cases where the injury result:
from sickness or inability induced by
int0xication.
And, gentlemen, having settled The
question Of actual damage from the tes
timony in the case: II from all thi
testimony. and circumstances brough
to your notice by testimony in the case
you are satisfied, that the plaintiff show
a right to recover for damages, actual.
, sustained, you may go still farther
and assess exemplary damages, witheu
proof of special circumstances of ag
) gravation.
If you find the issues in this case il
favor Of the plaintiff, you will then as
certain the amount of damages to whic
the plaintiff is entitled, and report you
verdict in writing, g,sigsed by one of you
, number as Foreman; and if you find tn
< issues for the defendant your verdic
will simply be, for the defendant.
The Counsel for the defense request
5 ed the Court to charge:
- "That the plaintiff is not entitled t.
recover exemplary damages in this case
unless they find the selling OF givin
. away to have been unlawful"
: The Court refused to so charge.
7 THE JURY RETIREs.
At 4 o'clock the Jury retired TO thei