Blatz v. Rohrbach

14 N.Y.S. 458, 67 N.Y. Sup. Ct. 169, 39 N.Y. St. Rep. 32, 60 Hun 169, 1891 N.Y. Misc. LEXIS 2047

Opinions

Barnard, P. J.

The complaint was properly dismissed. The father of the plaintiff committed suicide on the 3d of March, 1885. ■ He went home in toxicated about 11 F. M., and was found dead next morning. He was proven to have passed a portion of the evening of March 3, 1885, at defendant’s saloon, and that he drank while there two glasses of a mild kind of lager-beer. He was perfectly sober while there, and perfectly sober when he left the defendant’s premises at about 10 p. m. There was proof given that this mild form of lager-beer called “Spenk Beer” will not intoxicate. Upon this evidence the jury could not give a verdict that the intoxication which induced the suicide was occasioned in whole or in part by the defendant. The judgment should therefore be affirmed, with costs.