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, § 101 — contributing 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Not to be published in full.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.