Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  


    mail icontwitter iconBlogspot iconrss icon

The Pamphlet Collection of Sir Robert Stout: Volume 36

Civil Damage Law

Civil Damage Law.

The following is the new Civil Damage Bill passed by the New York Legislature at its last session in 1873:

"An Act to Suppress Intemperance, Pauperism, and Crime.

"The People of the Slate of New York, represented in Senate and Assembly, do enact as follows:

"Section 1. Every husband, wife, child, parent, guardian, employer, or other person, who shall be injured in person, or property, or means of support by any intoxicated person, or in consequence or the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her name against any person or persons who shall, by selling or giving away intoxicating liquors, have caused the intoxication, in whole or in part, of such person or persons; and any person or persons owning or renting or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, shall be liable, severally or jointly with the person or persons selling or giving intoxicating liquors aforesaid, for all damages sustained, and for exemplary damages; and all damages recovered by a minor shall be paid either to such minor or to his or her parent, guardian, or next friend, as the court shall direct; and the unlawful sale or giving away of intoxicating liquors shall work a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon the premises.

"Sec. 2. In any action arising for violation of the provisions of this act, any justice of the peace in the county where the offence is committed shall have jurisdiction to try and determine the same, provided the amount of damages claimed do not exceed two hundred dollars, in which case, and where page 8 the damages claimed do not exceed five hundred dollars, the justice of the peace before whom the action is commenced shall associate with himself any other two justices of the peace in the same county, who shall have jurisdiction to try and determine the same."

'This act shall take effect immediately."