Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1901-05-24
THE LIQUOR Case.
The Most Important Case of
This ChdrdCterEver Tried
In Wayne Co.---Judge's
Charge to the jury

pieted at noon and Dir. Robbins too
the floor, in his argument before til
: jury at clock. The case went t
the jury this afternoon and a verdic
will be reache dno doubt before mid
night
The testimony in brief was to tn
effect that Mrs. Ward is Is wear
of age and her husband 30. McFar
, land has had saloon at RidgeviIlt
two or three years, but quit last De
cember, his license running out
Ward has an inherited appetite fol
liquor and goes on periodical sprees
Ever since Mcfarland had a saloon be
sold to Ward, who would neglect his
| business and be drunk for weeks at
a time; and during these times Mrs.
! Ward would have to do her own
work, sew for other people, go to the
farm and attend to that, and then
hunt him up; and after he would get
| sober he would be sick and she would
have him to nurse. In December,
1899, she notified Mcfarland not to
sell to Ward; she then began watch
ing the saloon, and, in Novemb Der.
1900, slipped in the back way of the
saloon. Ward was there, drunk.
She saw him drink glass of beer
and he wanted another. The bar
tender told him he was drunk and
that ii he had another he wouldn I
be able to get out of the saloon; that
if he would go without the beer he
would give him bottle of whisky,
and gave it to him. She ran in and
took the whisky herself The bar
tender threw himself down on the
floor back of the bar, to avoid being
seen, but she gave him a tongue
lashing such that he got up and
told her that she might as
we'll let them sell Ward, as others
would sell him if he did not McFar-
land told her the same thing, adding
that If they did not sell to him direct
he would give the money to others
and they would get it for him. The
basis of her claim is that she has been
deprived of the support of her hus-
band and that she has been damage
in her health. The charge of the
judge was substantially as follows
No. 1-lnstructs the jury as to
their powers and duties in consider
ing the facts and the credibility of
the witnesses.
No. I'm order to enable the plain
tiff to recover in the case all the ma
terial allegations of the complainant |
must be proved by fair preponder- |
ance of all the evidence.
No. 3-ln this state it is unlawful |
for any person directly or indirectly |
to sell, barter or give liquor without |
license; bond must be filed and APP
sft1s5ea4 NJ 4-Toe incense WI not ausnor-
s-- -----s-e-- Understanding liquor by
the licenSee or his agent to person
he knows to be in state of intOxl-
cation.
No. 5-The mere fact that a per
son is in the habit of becoming in /
toxicated will not of itself make it /
unlawf IL for a licensed saloon keeper /
TO sell to him. 1t must be shown /
that the person was intoxicated at /
the time of the sale and that the sell |
Ter knew the fact.
No. 8. 1t must be shown that the !
sales were in contrayention of some |
statute of the date.
No. Z. This statute provides that
the holder of the license during the
life of the bond shall be liable there
on to any person who shall sustain
any injury or damage to his person
or property or means of support on
by the use of Intoxicating liquors
sold in violation of said statute. The
elements of damage which may be re-
ceived upon such a bond are classified
as follows:
/. Damage to person.
,. Damage to property.
t. Damage to means of support.
In this case the relatrix claims she
is injured in her person and means OIL
support.
No. s. The question of whether
relatrix is damaged as claimed mi
the complaint is a question for the|I
Jury TO determine from the evidence.
AS matter of law, in case like
this, damages must be natural, rea-.
sopable and proximate results OF de-
fendant 5 acts. In determining
whether an act is the proximate4
cause the legal test is-was
the injury of such a character as
"a ght reasonably have been foreseen
or expected as a natural result of the
act complained of.
No. Damage to the person IN q
case like this means damages that re-
suit from physical or bodily INJURY
No l0-If the jury believe FROM
the evidence that Intoxicating liquors
were sold to her husband by Mct'ar :
land as alleged, and that in conse-
auenee thereof she was necessarily
required and compelled to Labor,
| look after, care for and eN
pose herself on account of her
husband 5 intoxication and exposure,
| Injured her health and caused her
| bodily pain and sickness, and that
this was caused by such sales, then
such sickness and injury would pe
an injury to her person and she
would be entitled TO recover dam
ages.
No. l1-If licensed dealer sells z
a person who is at that time lntoN
ieated, he knowing that fact. he I:
guilty OF a criminal act and liable e
tine aud Imprisonment for the crime
He is likewise liable In
lcivil action to any person wat
lis injured In his prison, property o.
| means of support, which proximate
IIy results from such unlawful act; ou
in civil action the person can no
recover what is known as exen plar.
damages-that is, damages TO punisi
the offender: only d amages by way Q
. compensation for actual Injuries sas
! tained.
No. I2-While the selling to an iu
toxicatei person IS crime. still tn
Iact alone will not render the selle
liable TO civil action for damages
? Ito Justify the latter II mas
z be shown that the unlawfg
! sale caused a damage to 70
purse. property or means OF supper
r of the person seeking to recover;
d in such a case ii is shown that th
i unlawful sales were made with th
consent or direction Of the perso