Kindt v. Kauffman

Opinion

THE COURT.*

A tavern customer here sues a tavern keeper, alleging that the latter negligently sold him alcoholic beverages when plaintiff was obviously intoxicated, in violation of Business and Professions Code section 25602, causing his involvement in a later automobile collision with injury to himself. The trial court sustained the tavern keeper’s general demurrer without leave to amend. Plaintiff appeals from the ensuing judgment of dismissal.

*848California courts for many years adhered to the common law rule rejecting a liquor seller’s civil liability for damages suffered by a patron or…