Hitson v. M. J. Dwyer

Plaintiff appeals from a judgment of dismissal

after declining to amend his complaint to which defendants’ demurrer had been sustained with leave to amend pursuant to the court’s directions.

The action was one for personal injuries suffered by the plaintiff while he was a patron in the “Rigger’s Club,” a tavern owned and operated by the defendant Dwyer. Plaintiff alleges that while obviously intoxicated and sitting on a movable stool at defendants’ bar he wrongfully was served intoxicating liquor, and as a result he fell from said stool to the floor,- that defendant Dwyer and defendant Hacker,…