This section contains the nature of the case and procedural background.

Sager (D) owned a bar. His bar served one particular individual until 5:15 A.M. This individual drove home and hit Vesely (P). P sued D for injuries claiming that D's serving the third-party alcohol was the proximate cause of the injuries. D was granted a demurrer to the complaint based on the common law doctrine that a seller of alcohol is not liable for injuries resulting from intoxication. This rule was based on the theory that one cannot become intoxicated by reason of liquor furnished him if he does not drink it. P appealed.

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