Davis v. Terrien, 364 Mich. 82

Summary

The Michigan Supreme Court considered whether evidence supported a jury finding that defendants unlawfully furnished beer to an intoxicated patron who later assaulted the plaintiff under Michigan's civil damage act. The court held that testimony concerning the patron's conduct and consumption constituted competent evidence for the jury and reversed the judgment notwithstanding the verdict.

Holdings

1. The plaintiff bears the burden of proving that the patron was intoxicated when the liquor was furnished, intoxicated when the injury occurred, and that the unlawful furnishing was causally connected to the plaintiff's injuries.
2. The evidence was competent and sufficient to submit to the jury the questions whether Johnson was intoxicated when served and when he assaulted Davis; the trial court therefore erred in entering judgment notwithstanding the verdict.

Questions Presented

1. Whether the evidence, viewed in the light most favorable to Davis, was sufficient to allow the jury to find that Johnson was intoxicated when defendants' employee served him beer and when he injured Davis.
2. Whether the trial court properly entered judgment notwithstanding the verdict rather than submitting the disputed intoxication and causation issues to the jury.

Disposition

reversed_and_remanded