DocketNumber: Docket No. 28
Citation Numbers: 145 Mich. 586
Judges: Carpenter, Grant, Hooker, McAlvay, Moore
Filed Date: 9/20/1906
Status: Precedential
Modified Date: 9/8/2022
Plaintiff brings this suit to obtain compensation for the death of her father, Charles Johnson, which she alleges resulted in part from liquor furnished him by defendant Edward Johnson. Olaf Johnson and Matt Surrell are joined as defendants because they are sureties on the bond given by said Edward. The cause was tried before Circuit Judge Steere and a jury. The testimony showed that on the 7th of April, 1904, said Charles Johnson, who had been on a protract
Nearly all the grounds upon which plaintiff asks us to reverse the judgment entered on said verdict are based upon the assumption that defendants are liable, though the liquor furnished by said Edward Johnson did not contribute to plaintiff’s damage. This assumption is unfounded. The law (section 5398, 2 Comp. Laws) gives plaintiff a ‘ ‘ right of action ” when and only when she has been “injured in person or property or means of support, or otherwise.”
Plaintiff also complains because the trial court did not give her requests touching the question of exemplary damages. It is a sufficient answer to this complaint to say that plaintiff was not prejudiced by this refusal. The jury, having found under proper instructions that plaintiff was entitled to no damages, could have had no occasion to consider the question of exemplary damages. No other complaint demands discussion.
The judgment is affirmed.