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← 544 So. 2d 900 - Laymon v. Braddock

544 So. 2d 900 - Laymon v. Braddock’s Empirical Analysis

1989

Citation profile

7
cited by 7 later decisions
2
states following
October 2012
most recently cited

7 state decisions

Relationships

Relies on Gulf Refining Co. v. Mark C. Walker & Son Co. · Cross v. Ryan · 36 Ala. App. 244 - Phillips v. Derrick · 536 So. 2d 943 - Kizziah v. Golden Rule Ins. Co. · Allred v. State

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"We interpret the words 'furnishes and furnishing' in § 6-5-70 to extend liability under § 6-5-70 to a seller or furnisher of spirituous liquors, who, from the totality of the circumstances, must reasonably infer that the person to whom the spirituous liquor is sold or furnished will permit a minor to consume some of this spirituous liquor."”
    3 later decisions quote this exact passage · from the majority
  2. “"It is not for us to surmise why, at the beginning of this century, the Legislature, in what is now § 6-5-70, restricted the right of action to an action against one `who unlawfully sells or furnishes spirituous liquors to [a] minor' (which language, according to the definitions of spirituous liquors, would not include wine or beer), and permits, in § 6-5-71, a right of action against one who unlawfully sells, gives, or otherwise disposes of any liquors or beverages that cause intoxication. The Legislature did so, and it is for us to interpret, not to rewrite, such legislation; but it is for us to bring this to the attention of the present Legislature for its evaluation, since, to the judicial mind, it would seem that wine and beer should be included in § 6-5-70."”
    2 later decisions quote this exact passage · from the majority
  3. “'[T]he person injured by the illegal sale of alcoholic beverages is not held to the usual standards of proof of causal connection between the illegal sale of the beverages and the injury.' " Quoting Phillips v. Derrick , 36 Ala. App. 244 , 246 , 54 So.2d 320 , 321 (1951). Generally, liability will be imposed only when the wrong is the "proximate cause”
    2 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.