Page:Harvard Law Review Volume 2.djvu/152

 134 HARVARD LAW REVIEW.

Civil Damage Acts.

These statutes are intended to place responsibility for the acts of intoxicated persons on the liquor seller, to give a special remedy to relatives damaged by such intoxication, and to prevent the sale of liquor to certain persons specifically named. These three pur- poses are sometimes embraced in one enactment, but generally appear separately. I will treat the subject as if in one enactment.

Every husband, wife, child, parent, guardian, employer, or other person who shall be injured in person, property, or means of sup- port, by any intoxicated person, shall have a right of action against the person who by sale or gift of liquors caused the in- toxication, in whole or in part, and against his lessor, with the knowledge that the building is used for the sale of intoxicating liquors, for actual and exemplary damages.*

Notice. — Forbidding sale to a particular person may be given either by the relatives,* by a justice of the peace,* or by the mayor on application of the relatives ; after notice, sale to such person within three months,* or one year,^ is illegal. This notice must be given before a witness,* or a general notice to all the saloon-keepers of the town may be filed with the town clerk.^

The town authorities may give notice not to sell to those receiv- ing town aid,® or to one likely to become a public charge ; • or the probate judge may send to dealers a list of intemperate persons to whom they must not sell.*^

Damages, — ** The person so licensed shall pay all damages that the community or individuals may sustain in consequence of such traffic. He shall support all paupers, widows, and orphans, and the expenses of all civil and criminal prosecutions growing out of or justly attributed to his traffic in intoxicating drinks." **

Damages may be for injury or death of the person intoxicated ; they may be by fine, between $25 ^ and $500; ^ may be assessed by the jury,** may be recovered in case,** tort, or trespass,** and this right of action survives.

1 Rev. Code N. Y. p. 1990. *^ Gen. Stats. Col. 1883 p. X034, 8. 5.

« Pol. Code Dak. 1885, ch. 35, s. 4. * Dig. Laws Pa. p. 1082, s. 46.


 * Laws Minn. 1887, ch. 81, s. i. • Rev. Stats. Ohio, 1886, s. 4358.

' Rev. Stats. Ohio, 1886, s. 4358. • Gen. Stats. Conn. 1888, 8. 3089.

» Laws Wise. 1887, ch. 288. 10 Laws Wash. Terr. 1886, p. 160.

w Comp. Stats. Neb. 1887, ch. 50, s. 15. ^ Code of N. C. 1883, 8. 1078. " Gen. Laws of N. H. 1878, ch. 109, s. 28.

w Acts Mich. 1887, no. 313, s. 2a " Gen. Laws N. H. 1878, ch. 109^ s. 33.

» Laws of R. I., May Scss. 1886, ch. 596, s. 50.