COLE v. RUSH

Docket No. L.A. 22864.

45 Cal.2d 345 (1955)

289 P.2d 450

DOROTHEA COLE et al., Appellants, v. PAUL RUSH et al., Defendants; FRANK VAN STONE, Respondent.

Supreme Court of California. In Bank.

October 28, 1955.


Attorney(s) appearing for the Case

John C. Stevenson and Lionel Richman for Appellants.

Parker, Stanbury, Reese & McGee, J.H. Peckham and C.G.W. McGee for Respondent.

MacFarlane, Schaefer & Haun, E.J. Caldecott, Trippet, Newcomer, Yoakum & Thomas and Lyle C. Newcomer as Amici Curiae on behalf of Respondent.


SCHAUER, J.

In this wrongful death action plaintiffs, who are the surviving widow and minor children of James Bernard Cole, deceased, seek to recover damages for the allegedly negligent furnishing of intoxicating liquor to the deceased, which plaintiffs claim proximately caused his death. They appeal from an adverse judgment entered upon the sustaining of a demurrer to their amended complaint, without leave to amend. We have concluded that the trial court correctly...

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