Genesee Merchants Bank & Trust Co. v. Bourrie

Plaintiff’s declaration of February 14, 1962, alleged defendant liquor licensees’ liability under the Michigan dram shop act,1 so-called, for the death of plaintiff’s decedent. Plaintiff appeals as of right from grant of defendants’ motions to dismiss filed after defendants had, by answer, denied liability.

On January 9, 1960, decedent allegedly was intoxicated when served alcoholic beverages by defendant bar owners. He was killed that evening when his car overturned as he was driving, admittedly negligently (speeding), in Genesee county. The aggravated intoxication was allegedly a proximate…