Legal Opinion · Dissent

Fleckner v. Dionne

California Court of Appeal

Decided October 20, 1949No. Civ. 14142Published

1DissentDooling, J.

I dissent. I frankly admit that the cases from other judisdictions are all to the effect that in the absence of statute no remedy exists against the dispenser of liquor for injuries resulting to third persons from the acts of intoxicated persons. However, considered as questions of the law of negligence and proximate cause, I cannot bow to the reasoning of those decisions when carried to the full extreme of holding that under no circumstances can one who dispenses liquor to another knowing that he is becoming intoxi*252cated be liable to a third person later injured by the intoxicated person’s…

2Cases cited20 opinions

  1. Mosley v. Arden Farms Co.California Supreme Court · 1945
  2. Crowell v. DuncanSupreme Court of Virginia · 1926
  3. McEvoy v. American Pool Corp.California Supreme Court · 1948
  4. Mitchell v. ChurchesWashington Supreme Court · 1922
  5. Hitson v. M. J. DwyerCalifornia Court of Appeal · 1943

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