Skip to main content
· 10/23/1944

In re the Accounting of McClancy

Citations

  • 268 A.D. 876

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that there are three “essential factors to be considered” in determining “if a private right of action may fairly be implied”
  • finding that the plaintiff, a minor, was part of the class whose particular benefit a statute criminalizing the provision of alcoholic beverages to “those under legal purchase age” was enacted because she was “clearly within this category”
  • refusing “to recognize a common-law cause of action against providers of alcoholic beverages in favor of persons injured as a result of their own voluntary intoxication”
  • It would be incompatible with the enforcement mechanism chosen by the Legislature to judicially create an action where legislation has not previously addressed it.
  • party injured by his own voluntary consumption of liquor did not have cause of action against provider of alcohol
  • A common-law cause of action will not be recognized against providers of alcoholic beverages in favor of persons injured as a result of their own voluntary intoxication.

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.