The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-10-28
THE CIVIL DAMAGE LAW
The lsigney case COnciudcd-A Yer
dict of $4,000 for the Plaintiff.

The trial of the suit under the civil DIM
age act, brought by John Rigncy against
William, John and Timothy Long, was re-
sumed yesterday in The city court of
Brooklyn, before judge McCue and a jury.
Just before the hour of adjournment
Monday, Gen. Crojke, of counsel for the
defence, moved for the dismissal on the
ground that Rigney's son had not been in
toxicated within the meaning of the statute
and that therefore his father could not OBJ
tain damages Dr. shepard, who made the
post mortem examination, testified that
young Rigney died from excessive use of
intoxicating liquor, but that he need not
necessarily have been intoxicated. Death
might have resulted from shock before the
liquor taken produced intoxication. Gen.
Crooke claimed that the damages resulting
from the death of the person were not
within the intcndment or purvicw of the
statute. They were only the remote result
of intexicaton, and the statute only in
tended damages from the immediate effects
of intoxication, resulting from the acts of
the person intoxicated, such as injuring
property of another or neglecting to sup
port those legally dependent upon him.
Judge McCue said that for the purpose of
the case he thought the expression "intoxi-
cating," as used in the act, should be con-
strued to mean "poisonous. In its origin
al use as Greek word and its subsequent
use by the Latins that was Its meaning.
Intoricare meant to drug or poison. He
would hold that the jury could assess dam
ages for the funeral expenses of the de-
ceased and the value of his services TO his
father till he arrived at the age of twenty
one, and also award whatever exemplary
damages they thought proper. His honor
said the word intoXication in the statute
he construed to mean not only the COM
monty developed effects. such as delirium,
madness, and unsteadiness of gait, but the
entire condition produced by the excessive
use of intoxicating liquors, of which the
commonly developed effects are only indi-
cations and symptoms.
Mr.. N. II. Clements, of counsel for the
defence, raised the further point that the
owner of the premises could not be held
responsible, as he leased the premises in
1872, before the act was passed. and the
lease had not yet expired at the date of
young Rigneys death. An act of the last
legislature could not affect or impair pre-
viously existing contracts. Counselor F.
A. Ward, for plaintiff, claimed that the act
made it optional with the landlord to ter
inmate the lease upon the unlawful sale of
intoxicating liquors by the tenant. 1t was
in evidence that the owner of the premises
in this case had been cognizant of the un
lawful sale OF intoxicating liquors by his
lessses. He did not choose to terminate tho
tenancy, and thereby made himself liable
for subsequent unlawful sales. AT thu
conclusion of the argument on the points
raised, counsel on both sides summed up
After Judge McCue had charged in accord
ance with his construction of the statute a!
given above, the case was given to the jury
at o'clock in the afternoon. AT o'clocl
the jury brought in verdict for the plain
tiff, and assessed the damages at So, 0O0.-
N. Y. Times, Oct. IA.