Mitchell v. Shoals, Inc.
| Court | New York Court of Appeals |
| Writing for the Court | FULD; BURKE, BERGAN and KEATING, JJ., concur with FULD; BREITEL |
| Citation | 19 N.Y.2d 338,280 N.Y.S.2d 113,227 N.E.2d 21 |
| Parties | , 227 N.E.2d 21, 26 A.L.R.3d 1107 Yvonne L. MITCHELL Respondent, v. The SHOALS, INC., Appellant. |
| Decision Date | 11 April 1967 |
Page 113
A.L.R.3d 1107
v.
The SHOALS, INC., Appellant.
Page 115
[227 N.E.2d 22] [19 N.Y.2d 339] John P. Carson, New York City, and Sidney Jacobi, Staten Island, for appellant.
Richard E. Shandell, New York City, and Marvin Lechtman, for respondent.
FULD, Chief Judge.
On February 2, 1960, after having dinner together, the plaintiff, Yvonne Mitchell, her escort, Robert Taylor, and another couple drove to The Shoals, a restaurant on Staten Island, at about 9:00 P.M. for 'a few drinks' and some dancing. Between dances, they had their drinks. Miss Mitchell, after consuming several, passed out and remained asleep for the rest of the evening. Taylor, who was on a diet of 'double' bourbons 'straight', became drunk and noisy. At one point, after he had fallen to the floor, the bartender was [19 N.Y.2d 340] told not to let him have anything more to drink. Despite this admonition and Taylor's obviously intoxicated condition, the bartender--responding with 'don't bother me; he is having a good time * * * let him enjoy himself'--served him three or four more double straight bourbons. The two couples left the restaurant[227 N.E.2d 23] at about 1 o'clock in the morning. The plaintiff, still asleep, was assisted to the car and placed in the front seat and Taylor, not to be dissuaded from driving, got behind the wheel and drove off. He apparently lost control of the car some nine miles from the restaurant; it left the roadway and crashed into a building. He was killed and the plaintiff was seriously injured. She brought this action for damages, under New York's version of the 'Dram Shop Act' (Civil Rights Law, § 16, now General Obligations Law, Consol.Laws, c. 24--A, § 11--101), against the defendant restaurant. The jury returned a verdict in her favor, and a divided Appellate Division affirmed the resulting judgment. 1
The Alcoholic Beverage Control Law renders it a crime for any person to sell or deliver any alcoholic beverage to one who is intoxicated or under the influence of liquor (§§ 65, 130, subd. 3), and section 16 of the Civil Rights Law, as it read in 1960, recited in part that
'Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death
Page 116
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Anderson v. Moulder, No. 19246
...Liquors, 297 Minn. 48, 209 N.W.2d 902 (1973). See Jackson v. PKM Corp., 430 Mich. 262, 422 N.W.2d 657 (1988); Mitchell v. Shoals, Inc., 19 N.Y.2d 338, 280 N.Y.S.2d 113, 227 N.E.2d 21, 26 A.L.R.3d 1107 (1967); Miller v. City of Portland, 288 Or. 271, 604 P.2d 1261 (1980). See generally 45 Am......
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Nelson v. Araiza, No. 49144
...statute, for denying him a recovery from the party unlawfully purveying the liquor." (Emphasis added.) (Mitchell v. Shoals, Inc. (1967), 19 N.Y.2d 338, 341, 280 N.Y.S.2d 113, 116, 227 N.E.2d 21, 23, 26 A.L.R.3d 1107, There the plaintiff went out to drink with the inebriated party. After con......
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McNally v. Addis
...of its provisions is negligence Per se and the contributory negligence of the injured person is no defense (Mitchell v. Shoals, Inc., 19 N.Y.2d 338, 280 N.Y.S.2d 113, 227 N.E.2d 21; 45 Am.Jur.2d, Intoxicating Liquors § 588). Nevertheless, neither the consumer nor his estate has a cause of a......
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Deeds v. United States, Civ. No. 2567.
...106 N.H. 375, 211 A.2d 900, 901; Majors v. Brodhead Hotel, Pa.1965, 416 Pa. 265, 205 A.2d 873; Mitchell v. Shoales, Inc., N.Y.1967, 19 N.Y.2d 338, 280 N.Y.S.2d 113, 227 N.E.2d 21; Pike v. George, Ky.1968, 434 S.W.2d 18 The majority opinion also called attention to the fact that Idaho once h......
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Anderson v. Moulder, No. 19246
...Liquors, 297 Minn. 48, 209 N.W.2d 902 (1973). See Jackson v. PKM Corp., 430 Mich. 262, 422 N.W.2d 657 (1988); Mitchell v. Shoals, Inc., 19 N.Y.2d 338, 280 N.Y.S.2d 113, 227 N.E.2d 21, 26 A.L.R.3d 1107 (1967); Miller v. City of Portland, 288 Or. 271, 604 P.2d 1261 (1980). See generally 45 Am......
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Nelson v. Araiza, No. 49144
...statute, for denying him a recovery from the party unlawfully purveying the liquor." (Emphasis added.) (Mitchell v. Shoals, Inc. (1967), 19 N.Y.2d 338, 341, 280 N.Y.S.2d 113, 116, 227 N.E.2d 21, 23, 26 A.L.R.3d 1107, There the plaintiff went out to drink with the inebriated party. After con......
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McNally v. Addis
...of its provisions is negligence Per se and the contributory negligence of the injured person is no defense (Mitchell v. Shoals, Inc., 19 N.Y.2d 338, 280 N.Y.S.2d 113, 227 N.E.2d 21; 45 Am.Jur.2d, Intoxicating Liquors § 588). Nevertheless, neither the consumer nor his estate has a cause of a......
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Deeds v. United States, Civ. No. 2567.
...106 N.H. 375, 211 A.2d 900, 901; Majors v. Brodhead Hotel, Pa.1965, 416 Pa. 265, 205 A.2d 873; Mitchell v. Shoales, Inc., N.Y.1967, 19 N.Y.2d 338, 280 N.Y.S.2d 113, 227 N.E.2d 21; Pike v. George, Ky.1968, 434 S.W.2d 18 The majority opinion also called attention to the fact that Idaho once h......