Jopp v. R. H. Fairburn & Fortune Bros. Brewing, 186 Ill. App. 280 (1914)

April 15, 1914 · Illinois Appellate Court · Gen. No. 5,858
186 Ill. App. 280

Annie Jopp et al., Appellees, v. R. H. Fairburn and Fortune Bros. Brewing Company, Appellants.

Gen. No. 5,858.

(Not to be reported in full.)

Appeal from the Circuit Court of Lake county; the Hon. Charles Whitney, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed April 15, 1914.

Statement of the Case.

Action by Annie Jopp and others against R. H. Fair-burn and Fortune Bros. Brewing Company under section 9 of the Dramshop Act, J. & A. ¶ 4609, to recover damages for injuries to plaintiffs ’ means of support by reason of the death of Barthomic Jopp, husband of Anna Jopp, alleged to have been caused by intoxicating liquors sold to him by Fairburn in a building owned by the- Brewing Company. From a judgment entered on a verdict in favor of plaintiff against both defendants *281for thirteen hundred dollars, defendant Brewing Company alone appeals.

For decision in this case on a former appeal, see Jopp v. Fairburn, 157 Ill. App. 609.

A. F. Beaubien, for appellant Fortune Bros. Brewing Company.

E. V. Orvis, for appellees; Cooke, Pope & Pope, of counsel.

Abstract of the Decision.

Intoxicating liqtjobs, § 230 * —when judgment for loss of means of support sustained by the evidence. In an action by a widow and children against a saloon keeper, and a brewing company as owner of the building, to recover damages for loss of means of support under section 9 of the Dramshop Act, J. & A. ¶ 4609, on account of the sale of intoxicating liquors to the husband, held that a judgment against the defendants was sustained by evidence showing that the brewing company was owner of the building and had knowledge that intoxicating liquors were sold there.

Whitney, P. J., took no part in this decision.

Mr. Justice Carnes

delivered the opinion of the court.