Graham v. U.S. Grant Post

The plaintiff, Mabel M. Graham, filed suit in the circuit court of Jo Daviess County for injuries allegedly sustained as the
result of being struck by the automobile of an intoxicated driver, one Jack Schleicher. The defendants are engaged in the
sale of alcoholic beverages in Galena; they allegedly sold Schleicher the liquor that caused his intoxication either in whole
or in part. Although both the plaintiff and Schleicher are residents of Illinois, the automobile accident causing the plaintiff's
injuries occurred in Wisconsin. The plaintiff's amended complaint is in two counts. The first seeks recovery against the defendants under the Illinois Dram
Shop Act (section 14 of the Liquor Control Act, Ill. Rev. Stat. 1965, ch. 43, par. 135); the second count alleges common-law
negligence of the defendants in selling liquor to Schleicher when he was intoxicated. The trial court held that neither count
stated a cause of action and accordingly dismissed the complaint.