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FARMERS MUT. AUTOMOBILE INS. CO. v. GAST

17 Wis.2d 344 (1962)

FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. GAST, Respondent.

Supreme Court of Wisconsin.

October 2, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by Benton, Bosser, Fulton, Menn & Nehs, attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by David L. Fulton and John B. Menn.

For the respondent there was a brief by Burns & Lubinski of Seymour, and oral argument by Michael Burns.

Briefs amici curiae were filed by Paul E. Jorgensen of Racine, attorney, and Ray T. McCann of Milwaukee of counsel, for the Tavern League of Wisconsin; by Irving D. Gaines, general counsel for the Wisconsin State Hotel Association, and Philip J. Fox, general counsel for the Wisconsin Restaurant Association, attorneys, and Robert F. Kirst of counsel, all of Milwaukee; and by E. J. Stats of Milwaukee, for the State Brewers Association.

CURRIE, J.

Defendant's brief states the issue on this appeal to be: Is a tavernkeeper who, in violation of law, sells fermented malt beverages to a seventeen-year-old minor liable to third persons injured by reason of such minor's resulting intoxication? Nevertheless, we deem the allegations of the complaint sufficient to raise the further issue of whether defendant is liable on principles of common-law negligence independent of his violation of a criminal statute...

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