What is the test for determining whether a person who is intoxicated at the time of sale of luquor is the proximate cause of injury?

California, United States of America


The following excerpt is from Cole v. Rush, 289 P.2d 450, 45 Cal.2d 345, 54 A.L.R.2d 1137 (Cal. 1955):

In the first place, it appears that in Lammers v. Pacific Electric Ry. Co. (1921), supra, 186 Cal. 379, 384, 199 P. 523, this court stated and relied on the general rule that 'the sale of intoxicating luquor is not the proximate cause of injuries subsequently received by the purchaser because of his intoxication.' In that case the plaintiff, while intoxicated, was ejected from defendant's passenger train; he left the place of immediate peril where he was ejected but later returned to the tracks at a point about three-quarters of a mile away

Page 453

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