Kowal v. Hofher

The plaintiff, administrator of the estate of James W. Kowal, brought this action in three counts against the defendant restaurant owner and permittee, his agents and employees. Each count alleged that the defendant served alcoholic beverages to the driver of the automobile which collided with the automobile driven by the plaintiff’s decedent, while the driver was already in an intoxicated condition, and that the driver then operated his vehicle in a negligent manner causing the collision and injuries which resulted in death. In the first count the plaintiff alleged liability under General…