Milligan v. Harward

CALLISTER, Justice.

An action to recover damages for personal injuries. At the close of plaintiff’s case all defendants made motions to dismiss. The motions were granted and plaintiff appeals.

On the evening of August 15, 1958, the plaintiff and his friend, a Mr. Finnegan, had dinner at the plaintiff’s home. After dinner they proceeded to a nearby tavern on South State Street in Salt Lake City, where they engaged in a game of pool with the defendant, Harward. During the course of the evening all three men consumed several beers, the exact number being unascertainable.

When the tavern closed at…