Garcia v. Hargrove

The issue on this appeal is whether this court is now going to abrogate the common-law rule that it is not a tort to sell intoxicating liquor to able-bodied men, reverse prior case law of this court founded on this rule, and now hold that a seller of intoxicating liquor can be found liable, under principles of common-law negligence. We look upon .this as a policy decision and we are not persuaded to reverse the position previously taken by this court.

The common-law rule referred to is set forth in 48 C. J. S., Intoxicating Liquors, p. 716, sec. 430:

“At common law, and apart from statute, no…