The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-05-30
Held That a Person Injured ID a Place
Where Liquor is Sold illegally Of
After Hours Can Recover Damages
Therefor.
WOMAN SUES PAkkALA
ESTATE FOR DAMAGES
Fatally Shot Ia Virginia ON December a.,
1911--Decisioa Establishes Interest,"
Precedent and Ruling is Made
on Demurrer.

Mrs. Matilda Koski has won out
in her suit against. the Pakkala
estate and the Bankers Surety
company of Cleveland, Ohio, to re-
cover $1,000 damages for the death
of her husband, which was caused
by injuries received by him while
in the Pakkala saloon IN this city
after the hours prescribed by law,
Dec. "A, 1911.
The case was fret argued in dis
trict court at Duluth before Judge
Dancer, the defendants demurring
to the complaint. The demurrers
were overrnled and an appeal was
taken by the defendants to the
supreme court, which last week
handed down it's decision, holding
that person injured in a place
where intoxicating liquors are cold
after hours or illegally can recover
damages.
The trouble which led to the
cause of action occurred in the PAX
kala saloon on Sunday morning,
Dec. "a, 1911, at about 4 o'clock. John
Drexler, who had been in the place
earlier in the evening had gotten
into an alteration with Pakkala
and thinking he had been given the
worst of it in some way went out
and got a revolver, returning to the
saloon at about the time stated aud
began shooting up the place. Fonr
shots were fred, the first striking
Pakkala and killing him instantly.
Jonas koski was injured by one of
the stray bullets and died from the
effects of the wound two weeks
later. Koski who was farmer liv-
ing about fourteen miles from Vir-
ginia, was friend of Pakkala's,
and had come to town to celebrate
Christmas. At the time of the
shooting there were fifteen or TWEEN.
ty people in the saloon.
Suit was brought by Matilda Kos.
III. the widow, for $1,000 for DAM
ages by reason of the death of
her husband, making Mary PAX
kala, as administratrix of the estate,
and the Bankers Surety company
of Cleveland, Ohio, the defendants.
Both defendants demurred to the
complaint as insufficient, stating
no cause of action, claiming that
the license bond ran to the State of
Minnesota. only to enable the state
to collect such fines az might be
imposed by the state and did not
authorize individuals injured by
violations of the liquor law to re-
cover. And again, that both K oski,
and PakkaIa, the wrongdoer and
the principal on the bond, being
dead, that under the principles of
the common no right of action sur
vived the DEATH of either, and e.
pecially Pakkala, the principal on
! the bond.
The demurrers to the complaint
by both parties we're argued in Du-
iuth and overruled by Judge Dan
Ger, and from his order overruling
the demurrers both defendants took
an appeal to the supreme court.
The case was argued in the Gu
preme court on May 9th, 1913, by
Judge r. J. Montague of this city
for the plaintiff, and Spencer aud
Marshall of Duluth for the defend
ants. The supreme court on Nay
"A decided that both the estate and
the sureties on the bond were liable
to Ars. Koski for the injury GUS
tained by her in the death of her
husband.
The law under which the action
was brought was an act of the 1911
Legislature. and reads as follows;
Every husband, wife, child, par
ent, guardian, employer, or other
person, who shall be injured in
person or property, or means of
support, by any intoxicated person,
or by the intoxication OF any per.
con. shall have right of action in
his or her own name against any
person who shall by illegally cell
ing intoxicating liquors have caus-
ed the intoxication of such person,
for all damages sustained" -
This decision opens up a large
field for damages to be brought on
the liquor license bond, and it 10
, the fret decision by the supreme
court of the state of Minnesota that
:. there is an actual liability for in.
!, juries done persons by the illegal
sales of liquor by saloon keepers.