Illinois Supreme Court November 22, 1968, 41188 (McDonald v. Risch)

Mr. Justice House

delivered the opinion of the court:

The principal question presented by this appeal is whether a tavern operator can be held liable in a “by” theory under the Illinois Liquor Control Act for “an injury resulting from the direct affirmative act of an intoxicated person” (Hernandez v. Diaz, 31 Ill.2d 393, 397) when the act of the intoxicated person is not tortious.