Brennan v. Horsefeathers, Inc.

1 Citing case

  1. Currier v. Newport Lodge No. 1236, Loyal Order of Moose

    589 F. Supp. 3d 210 (D.N.H. 2022)

    At least one decision from this court, as well as secondary sources, including pattern jury instructions, seem to suggest that the statute requires some form of "visible" intoxication. See, e.g., Brennan v. Horsefeathers, Inc., No. CIV. 01-036-B, 2002 WL 1349509, at *1 (D.N.H. June 12, 2002) (Barbadoro, J.) (characterizing, in dicta, RSA 507-F:4, as a statute "which prohibits serving alcohol to visibly intoxicated patrons"); 1 New Hampshire Civil Jury Instruction 12.1 (2020) (" ‘Negligent service of alcoholic beverages’ means service to a minor or service to an intoxicated person. Service of alcoholic beverages to such persons is negligent if the server knows, or if a reasonably prudent person under similar circumstances would know, that the person being served is a minor or is visibly intoxicated."