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TURK v. LONG BRANCH SALOON, INC.

No. 40587.

159 N.W.2d 903 (1968)

Edward John TURK, Jr., Appellant, v. LONG BRANCH SALOON, INC., David A. Sandstrom, dba Sandy's Bar, Royal Lounge, Inc., dba Royal Bar, Dorothy A. Telega, dba Pickwick, Uncle Jim's Bar Inc., dba Uncle Jim's Tavern and Joe Minerich, dba Taconite Haven, Defendants, Respondents. Dorothy A. TELEGA, dba Pickwick, third-party plaintiff, Respondent, v. Alan D. BALAVANCE and Patrick Stanchfield, Third-Party Defendants, George Lampe and Dolly E. Hoffman, dba Crystal Lounge, third-party defendants, Respondents.

Supreme Court of Minnesota.

June 21, 1968.

Attorney(s) appearing for the Case

O'Leary, Trenti, Berger & Carey, Virginia, for appellant.

Gordon Rosenmeier and John Simonett, Little Falls, for Long Branch Saloon, Inc.

Vernon Saxhaug, Virginia, for Sandstrom.

Sullivan, McMillan, Hanft & Hastings, Edward Fride, and Noel Muller, Duluth, for Royal Lounge, Inc., dba Royal Bar.

Spellacy, Spellacy & Lano, Grand Rapids, for Dorothy A. Telega.

John Holland, Aurora, for Minerich.

Roger Nierengarten, St. Cloud, Ralph Harvey, Virginia, for Hoffman.

OPINION

SHERAN, Justice.

Appeal from a judgment of the district court.

On November 12, 1964, at approximately 1 a.m., plaintiff, an adult, sustained personal injury while riding as a passenger in an automobile owned and operated by Alan D. Balavance, then 20 years of age. Action was instituted on the theory that plaintiff has a right of action for damages because of Minn.St. 340.95, which provides:

"Every husband, wife, child, parent, guardian...

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