Tyrrell v. Quigley

The complaint, which has been challenged upon this motion for legal insufficiency, charges that while plaintiff was lawfully in a bar and grill owned by defendant he was injuriously assaulted by a female patron who “ was served intoxicating beverages by the defendant or his employee after she had imbibed to such an extent as to become obstreperous, boisterous and prone to violent action ” and that “ defendant and said employee well knew said patron and the reaction of intoxicating beverages upon her ”. Broadly construed, these allegations possibly warrant a conclusion that the beverages were…