Opinion

Cole v. Rush

  • 45 Cal. 2d 345
  • 289 P.2d 450
  • 54 A.L.R. 2d 1137
  • 1955 Cal. LEXIS 325
Court
California Supreme Court
Filed
Oct 28, 1955
Status
Published
Author
Spence
On the bench
Schauer, Carter
Cited by
139 cases

Overruled by Vesely v. Sager, 5 Cal. 3d 153 (1971)

overruled on other grounds in Vesely v. Sager (1971) 5 Cal.3d 153, 167 [95 Cal.Rptr. 623, 486 P.2d 151]

How later courts described this case

  • overruled on other grounds in Vesely v. Sager (1971) 5 Cal.3d 153, 167 [95 Cal.Rptr. 623, 486 P.2d 151]
  • overruled on other point in Vesely v. Sager (1971) 5 Cal.3d 153, 167 [95 Cal.Rptr. 623, 486 P.2d 151]
  • which stated: "as to a competent person it is the voluntary consumption, not the sale or gift, of intoxicating liquor which is the proximate cause of injury resulting from its use; ..."

Written by the judges who cited it.

Later courts went against this

  • Overruled by Vesely v. Sager, 5 Cal. 3d 153 (1971)

    45 Cal.2d 345, 350-351 , overruled on other grounds in Vesely v. Sager (1971) 5 Cal.3d 153
    California Supreme CourtJun 24, 19714 citing opinionsRead it

The opinion

*357 SPENCE, J.

— I concur.

Further consideration of this case upon rehearing convinces me that the governing law, as heretofore enunciated by the courts of this state as well as by the courts of practically all other jurisdictions, precludes plaintiff’s recovery. I am further in agreement with the view expressed in the main opinion that the established rules should be followed until such time as these rules may be changed by legislative action. I therefore conclude that the trial court properly sustained the demurrer, and that the judgment should be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.