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Kreps v. D'Agostine

Appellate Court of Illinois
Jun 14, 1946
329 Ill. App. 190 (Ill. App. Ct. 1946)

Summary

In Kreps v. D'Agostine, 329 Ill. App. 190 (abst.), the plaintiff furnished his companion with liquor which contributed to his intoxication and it was held that the complaint did not state a good cause of action.

Summary of this case from Ness v. Bilbob Inn, Inc.

Opinion

Gen. No. 10,076. (Abstract of Decision.)

Opinion filed June 14, 1946 Released for publication July 2, 1946

INTOXICATING LIQUORS, § 101contributing to intoxication as defense to action under Dram Shop Act. In action for damages under provisions of Dram Shop Act, where it was alleged that defendant wilfully and maliciously sold intoxicating liquors to plaintiff and his companion after they were intoxicated and that plaintiff, a minor, was so drunk that he was unable to exercise good judgment and decline ride with intoxicated companion which resulted in accident and injuries to plaintiff, and it appeared that plaintiff furnished companion liquor which contributed to his intoxication, held that complaint did not state good cause of action (Ill. Rev. Stat. 1945, ch. 43, par. 135; Jones Ill. Stats. Ann. 68.042).

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding.

Judgment affirmed. Heard in this court at the February term, 1946.

B. Jay Knight and Frederick H. Haye, for appellant;

Thomas A. Keegan, of counsel;

William D. Knight and Frank P. North, for appellee.


Not to be published in full. Opinion filed June 14, 1946; released for publication July 2, 1946.


Summaries of

Kreps v. D'Agostine

Appellate Court of Illinois
Jun 14, 1946
329 Ill. App. 190 (Ill. App. Ct. 1946)

In Kreps v. D'Agostine, 329 Ill. App. 190 (abst.), the plaintiff furnished his companion with liquor which contributed to his intoxication and it was held that the complaint did not state a good cause of action.

Summary of this case from Ness v. Bilbob Inn, Inc.
Case details for

Kreps v. D'Agostine

Case Details

Full title:Alfred Kreps, Minor, by Goldie Zamowski, Mother and Next Friend…

Court:Appellate Court of Illinois

Date published: Jun 14, 1946

Citations

329 Ill. App. 190 (Ill. App. Ct. 1946)
67 N.E.2d 416

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