Paulson v. Langness

• Decision Date: 04 February 1903
• Citation: 93 N.W. 655,16 S.D. 471
• Parties: SIGRID PAULSON, Plaintiff and appellant, v. OLE LANGNESS et al., Defendants and respondents.
• Court: South Dakota Supreme Court

16 S.D. 471

93 N.W. 655

SIGRID PAULSON, Plaintiff and appellant,

v.

OLE LANGNESS et al., Defendants and respondents. South Dakota Supreme Court Appeal from Circuit Court, Minnehaha County, SD Hon. Joseph, W. Jones, Judge Affirmed D. R. Bailey and Davis, Lyon & Gates Attorneys for appellant. Aiken & Judge Attorneys for respondents. Opinion filed February 4, 1903

FULLER, J.

This is an appeal from an order sustaining a demurrer to the complaint in an action by a widow to recover damages occasioned by the loss of her means of support resulting from intoxication produced by liquor sold to her husband by the defendants, and by reason of which his life terminated. Confessedly, appellant’s remedy, if she has one, is to be found in chapter 72, Laws 1897, entitled “An act to provide for the licensing, restriction and regulation of the business of the manufacture and sale of spirituous and intoxicating liquors.” After stating, among other things, that she was the wife of Iver Paulson, whose death occurred on the 15th day of March, 1899 it is alleged in the complaint:

“That for a long time prior thereto, and on said 15th day of March 1899, the defendants were engaged in business at Baltic aforesaid, and were engaged and interested in unlawfnlly selling intoxicating liquors as a beverage, namely alcohol and whiskey, and that prior to the last mentioned date, and up to the time of his death, the said Iver Paulson was in the habit of becoming intoxicated, and on that day was intoxicated, which was known to the defendants, their agents, clerks, and employes, and while in that state of intoxication, on that day, at Baltic, in the township, county, and state aforesaid, the defendants themselves, and by their clerks, agents, and employes did sell, furnish, and give to said Iver Paulson at successive times, and in different quantities, to be drank by him as a beverage, intoxicating liquors, namely, one pint of alcohol and one pint of whisky, which the said Iver Paulson thereupoa drank, whereby he became and was and continued to be intoxicated to such an extent that he became disqualified and incapacitated from managing his team or caring for the safety of his person, by reason whereof he received the injuries an.d lost his life as heretofore set forth.”

As a part of the legislative scheme for the regulation and restriction of the liquor traffic in this state, the wife is given a right of action against the licensed dealer and the...