Carlisle v. Kanaywer

Opinion

DRAPER, P. J.

Plaintiffs’ complaint seeks damages for the wrongful death of their husband and father. General and special demurrer to the complaint was sustained with leave to amend. Plaintiffs formally declined to amend, and judgment of dismissal followed. Plaintiffs appeal.

Although the complaint is in four counts, the essence of each is the allegation that decedent was, and was well known to defendant bar owners to be, “a habitual drunkard or an alcoholic and had lost the will power to resist the temptation when liquor was offered to1 him.” It is asserted that defendants nevertheless…