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Opinion of the Court-CORSON, P. J.

[19 S. D.

the contention of the counsel but few acts of the Legislature could be sustained.

It will be noticed that the title to the act we are considering is broad and comprehensive, and that it provides for the licensing, restriction, and regulation of the business. Section 16 of the act, therefore, providing that a married woman may recover damages resulting from the sale of intoxicating liquors to her husband, is clearly in the nature of a restriction of the sale; and the same may be said of section 11, which provides that it shall be unlawful for parties engaged in the sale of intoxicating liquors to sell to an intoxicated person, to a person in the habit of getting intoxicated, or to minors. State v. Morgan, 2 S. D. 32, 48 N. W. 314; State v. Becker, 3 S. D. 29, 51 N. W. 1018; State v. Ayers, 8 S. D. 517, 67 N. W. 611; Stuart et al. v. Kirley et al., 12 S. D. 245, 81 N. W. 147. This court, in construing statutes claimed to be in conflict with this provision of the Constitution, has uniformly held that this provision must have a liberal construction, and, where the act or provisions of the act claimed to be in violation of the Constitution are not shown to be clearly in conflict with this provision of the Constitution, the act will be upheld. In State v. Morgan this court says: "Upon a critical examination of these cases, however, it will be seen that, while it is necessary to construe this provision so as to prevent the evils intended to be met, yet it is desirable to avoid the opposite extreme, so as not to embarrass the Legislature in the legitimate exercise of its powers, and compel a needless multiplication of bills, designed to meet the same object." The court quotes with approval the following from State v. Miller, 45 Mo. 497: "The courts, in all the states where a like or similar provision exists, have given a

Dec., 1904]

Opinion of the Court-CORSON, P. J.

liberal interpretation, and have endeavored to construe it so as not to limit or cripple legislative enactments any further than what was necessary by the absolute requirements of the law." This court adds: "The objection to an act upon the ground that it embraced more than one subject, and that it was not sufficiently expressed in its title, should be grave, and the conflict between the statute and Constitution plain and manifest, before courts will be justified in declaring it unconstitutional and void."

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Our attention has been called to a number of cases decided in Michigan and other states construing a clause similar to that contained in our Constitution, but none of them contained a title as broad and comprehensive as the title to the act in question. Without taking time to review the various authori ties cited by counsel, it must suffice to say that, in our opinion, the provisions of the act of 1897, called to our attention as being in conflict with the constitutional provision, are clearly within the rule requiring the subject to be expressed in the title. We are clearly of the opinion, therefore, that the provisions of the act in controversy do not violate this clause of the Constitution. It may be further stated that the provisions of the act of 1897 have been before this court in numerous cases, and their constitutionality has either not been questioned or has been uniformly sustained. State v. Zophy, 14 S. D. 119, 84 N. W. 391, 86 Am. St. Rep. 741; State v. Williams, 11 S. D. 64, 75 N. W. 815; State v. Donaldson, 12 S. D. 259, 81 N. W. 299; State v. Bradley, 15 S. D. 148, 87 N. W. 590; State ex rel. Grigsby v. Buechler, 10 S. D. 156, 72 N. W. 114; State v. Bradford, 12 S. D. 207, 80 N. W. 143; Nordin v. Kjos, 13 S. D. 497, 83 N. W. 573; State v. Bradford, on rehearing 13 S.D. 201,

Opinion of the Court-CORSON, P. J.

[19 S. D.

83 N. W. 47; State v. Dunning, 14 S. D. 316, 85 N. W. 589; Town of Britton v. Guy, 17 S. D. 583, 97 N. W. 1015; Paulson v. Langness, 16 S. D. 471, 93 N. W. 655; State v. Sanford, 15 S. D. 153, 87 N. W. 592; Sandige v. Widmann, 12 S. D. 101, 80 N. W. 164; Stafford v. Levinger, 16 S. D. 118, 91 N. W. 462

It is further contended by the appellants that the evidence is insufficient to justify the verdict, in that no actual damage has been proven on the part of the plaintiff; that no facts have been given in evidence on which the jury could estimate the damage, if any sustained by the plaintiff; that the plaintiff has not proven any facts which would entitle her to recover; that the plaintiff has not proven such facts as would constitute a cause of action. Upon examination of the evidence, read in connection with the admissions in the answer, we are of the opinion that there were sufficient facts presented to the jury to fully sustain the verdict rendered by it. It was shown that Garrigan during the last few months of his life was in the habit of becoming intoxicated, and spent all, or nearly all, of his earnings in procuring intoxicating liquors, part of which, at least, were purchased in the saloon of the defendant Kennedy; that he continued drinking up to about the time he committed suicide on April 1, 1901; that at the time of his death he left no means of support for his widow and minor child, and that she has been dependent, since his death, upon her own exertions for support; and that Garrigan, when sober, was able to earn about $100 per month, and was thereby enabled to provide suitable support for his wife and child. The jury would naturally draw from this evidence the conclusion that the intoxicating. liquors sold and furnished Garrigan by the defendant Kennedy caused him to neglect the support of his family in his lifetime,

Dec., 1904]

Opinion of the Court-CORSON, P. J.

and eventually to commit suicide, thus depriving his widow and son of that support to which they were entitled as wife and son. The question as to the amount of damages sustained was one properly for the jury under the facts presented by the evidence (District of Columbia v. Woodbury, 136 U. S. 450, 10 Sup. Ct. 990, 34 L. Ed. 472; Mulford v. Clewell, 21 Ohio St. 197), and clearly, if the jury's inferences and conclusions were properly drawn from the facts proven and admitted by the defendants, the verdict cannot be said to have been unsupported by the evidence. Where a party has given sufficient legal evidence to sustain the verdict, this court will not review the evidence or reverse such verdict. Jeansch v. Lewis, 1 S. D. 609, 48 N. W. 128.

It is strenuously contended by the appellants that the evidence was insufficient to justify the jury in concluding that the liquor sold to Garrigan by the defendant Kennedy was the cause of his suicide, and that there was no evidence tending to prove that he had been furnished any intoxicating liquors by the defendant Kennedy for some time prior to his suicide, and therefore the intoxicating liquor sold by the defendant Kennedy was not the proximate cause of his suicide. It is quite apparent from the testimony introduced that Garrigan was practically intoxicated the larger portion of his time between December, 1900, and the time of his death, and that during that time the defendant Kennedy furnished him with more or less of intoxicating liquors producing his intoxication. The natural result of such continued intoxication would be to weaken and destroy the mind of Garrigan, and lead him to commit suicide. The jury were authorized, therefore, to draw the inference from the facts proved and admitted that the sale of in

Opinion of the Court-CORSON, P. J.

[19 S. D.

toxicating liquors by Kennedy to Garrigan was the proximate cause of his death. The question of what constitutes proximate cause was so fully considered by the late territorial Supreme Court, speaking by Mr. JUSTICE TRIPP, in the case of Pielke v. Chicago, M. & St. P. Ry. Co., 5 Dak. 444, 41 N. W. 669, that we do not deem a further discussion in this opinion necessary. We are therefore of the opinion that the jury was justified in finding from all the evidence in the case that Garrigan's death was proximately caused by the intoxicating liquors furnished him by the defendant Kennedy and others. The tes timony of Mrs. Garrigan regarding the support of her son was, in our opinion, competent, and the court committed no error in overruling defendants' objections thereto; and the same may be said of the testimony as to the facts that Garrigan had a shop of his own, and was a competent barber, and, when sober, furnished proper means of support for his wife and child. This brings us to the instructions to the jury and the instructions requested by counsel for defendants and refused by the court. The requested instructions were as follows: "You are instructed, as a matter of law, that if you find from the evidence that defendant Kennedy sold intoxicating liquor to Michael Garrigan after the 1st day of July, 1900, and you further find that such liquor contributed to his inability to support his wife and child, and that the said Michael Garrigan took his own life on the 1st day of April, 1901, then the plaintiff is not entitled to recover anything for loss of support after April 1, 1901." "In this action the undisputed evidence shows that Michael Garrigan committed suicide by shooting himself with a revolver on Monday afternoon, the 1st day of April, 1901, while sober, and hence the plaintiff is not entitled to recover

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