The New York herald., 1878-11-14
THE CIVIL DAMAGE LAW.

SUSTAINED IN THE COURT OF ADMINISTRATION
KEEPERS AND THEIR LANDLORDS LIABLE FOE
ACTS OF INTOXICATED PERSONS.
Among the decisions OF the Court Of Appeals, at
Albany. made public yesterday is that in the cele-
brated case of Berthof against O'Relly. involving
the responsibility of landlords and saloon keepers
damages occasioned by intox cated persons who be-
came so in consequence of indulging too freely in
liquor sold on the premises The Court of Appeals
has affirmed the decision of the Court below, which
establishes the constitutonaty of the law.
The circumstances of the these The
plaintiff is farmer residing Middletown. in
Orange county At the time the of action
the plaintiffs son, an unmarried man aged about
twentysix resided with his father on the farm and
Sunday in July, 1875 with the knowledge Of the
father took the lattcrs horse and wagon saying he
was going to neighbours house. Instead of going
to the place named the son drove directly to Middle
town, and by the rear entrance gained adntance to
drinking place called Cooper Institute Hotel"
The building owned by the defendant O'kielly.
and with his knowledge used by his tenant, Fern
haber, as place for keeping boarders and selling
liquors, but he had knowledge or the particular
sales that caused the damage.
The plaintiffs son obtained liquors OF Fernhaber
and became intoxicated. and while in that condition
drove the horse SO furousy that it died. The plain
tin brought suit against both landlord and tenant to
recover 5000. the value OF the horse.
The cause was tried at the Orange County Circuit.
dered against both defendants for $500 and costs.
They appealed to tho General Term of the Supreme
Court, where the judgment affirmed.
AN ACT TO SUPPRESS INTEMpERANcE.
Tho law under which this action is brought was
passed May 10 1873. chapter GAG, and is cntitled:
re- e and
employer otLcr who shall DO injured person
T. nsaxeaia aS,as or oSer~ss sSss
OF any person, shall have right of action In his her
name against any person or persons who shall by selling
in whole or in part Of such and
persons owning or renting permitting the occnpa
that Intoxicating liquors ho sold therein
liable sevSray Or Jointly Win the person Or on ..
ages sustained and for exemplary damages.
DECLARED CONSTITUTIONAL
Judge Barnard. in giving the opinion Of the Court
at General Term, said among other thngs:-
Of the premises The object Of the law pre-
tion prevent tho injury resulting from in
toxcaon by making those who caused It sbe for the
may sell but he careful whom he sells
and to sell enough to ntoxcaton to add
strong drink by Others. The landlord that he
rents his premises y ho rents them for the pur
who will sell that no one shall be injured
% % s sy ra on a @
the power lease and select his tenant risk
liquors when such injuries by his sales II
the csislatc against the tenant its
to roach the landlord cannot be doubted in the
toned in the act referred to.
The owner Of the property where the liquor was
obtained alone appealed from the decision of the Gen
argued in December last by cxJudgc Groo Of Orange
county, for the plaintiff, and L. i. Carr for the de-
fcndant.
The decision has been awaited with great interest,
those who sell intoxicating liquors and those who
rent buildings for the purpose.