This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1916 edition. Excerpt: ...Bridge & Construction
Co., supra, is quoted because it points out a better practice than
that followed by the trial court. Complaint is made of-other
instructions, phrases and paragraphs being singled out for
criticism; but, when the whole charge is read together, it does not
seem subject to the criticisms made. Taken as a whole, the
instructions are plain, explicit, and so framed that a man of
common knowledge and ordinary understanding can have no difficulty
in understanding them. It is a well-settled rule that instructions
are to be considered together, and if when so considered they
properly state the law, they are sufficient. Appellants urge with
much force and logic that the petition does not state a cause of
action, and that the court erred in overruling the demurrer ore
tenus. The point sought to be made is that section 3859, Rev. St.
1913, under which the action was brought, was not designed to give
plaintiif a right of action against the defendants; that the party
who procures liquor from a liquor dealer, becomes intoxicated, and
sufiers injury, has no cause of action for the injury sustained.
This section was first before the court for construction in
Buckmastcr v. McElroy, 20 N eb. 557, and it was held that where the
plaintifi became intoxicated on liquor furnished by a licensed
dealer, and, because of his intoxication, suffered the loss of his
feet, the dealer was liable. The instant case is closely analogous;
but counsel undertake to show that the reasoning of the court does
not sustain the opinion, which was by a divided court. Ve do not
deem it necessary to supplement the reasoning in that case. That
was the interpretation placed on this section of the statute at the
time the defendant saloon-keepers were licensed....
|Country of origin:
Nebraska Supreme Court
||246 x 189 x 16mm (L x W x T)
||Paperback - Trade
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