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HAHN v. CITY OF ORTONVILLE

No. 35,833.

238 Minn. 428 (1953)

HERMAN A. HAHN v. CITY OF ORTONVILLE.

Supreme Court of Minnesota.

February 20, 1953.

Attorney(s) appearing for the Case

E.V. Cliff, for appellant.

Streissguth, Berens & Rodenberg, for respondent.

MATSON, JUSTICE.

Defendant, the city of Ortonville, appeals from an order denying its alternative motion for judgment notwithstanding the verdict or a new trial.

We are primarily concerned with the question of whether the civil damage act (M.S.A. 340.95), which imposes a liability in favor of a third party injured by the intoxication of a purchaser of liquor, applies to a municipality operating a municipal liquor store. The

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