Williams v. Klemesrud

REYNOLDSON, Justice.

This is an interlocutory appeal from a ruling entered on motion under rule 105, Rules of Civil Procedure. Plaintiffs, injured in a vehicle collision, brought a law action for damages against defendant, alleging he sold or gave liquor to the driver of the other colliding auto, causing his intoxication, in violation of § 129.2, Code, 1966. The motion presented two issues raised by the pleadings: 1) did § 129.2 give plaintiffs a cause of action against a defendant not engaged in liquor traffic, and 2) is the defense of contributory negligence available to this defendant, sued…