Mason v. Roberts

The motion for summary judgment was filed on July 29, 1970. Affidavits, as set forth in the majority opinion were filed by the defendant, who moved for the summary judgment. Plaintiff made no response to the motion for summary judgment by affidavit or otherwise, as provided for in Rule 56 of the Rules of Civil Procedure, effective July 1, 1970.

The common pleas court rendered summary judgment in favor of defendant Dorothy Tester from which judgment plaintiff has filed this appeal.

Ordinarily, a vendor of intoxicating liquors is not, at common law, answerable to a third person for injury or…