GARCIA v. HARGROVE

No. 205.

46 Wis.2d 724 (1970)

176 N.W.2d 566

GARCIA (Gloria), Plaintiff and Appellant, v. HARGROVE and another, Defendants and Third-Party Plaintiffs: URSO, d/b/a URSO'S SATELLITE LOUNGE, Defendant and Respondent: GARCIA (Roberto), Third-Party Defendant.

Supreme Court of Wisconsin.

Decided May 1, 1970.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Richard A. Heilprin of Madison.

For the respondent there was a brief and oral argument by Robert J. Mueller of Madison.

A brief amicus curiae was filed by Paul E. Jorgensen of Racine, attorney, and Ray T. McCann of Milwaukee, of counsel, for the Tavern League of Wisconsin, Inc.

A brief amicus curiae was filed by Fox & Hack of Milwaukee, for the Wisconsin Restaurant Association and the Wisconsin State Hotel Association.

A brief amicus curiae was filed by Everett J. Stats of Milwaukee, for the Wisconsin State Brewers Association.

A brief amicus curiae was filed by Schetter & Burbach, attorneys, and Jerome E. Randall of counsel, all of Milwaukee, for the Wisconsin Tavern Keepers Association.

A brief amicus curiae was filed by Kaftan, Kaftan, Kaftan & Kuehne of Green Bay.


CONNOR T. HANSEN, J.

The issue on this appeal is whether this court is now going to abrogate the commonlaw rule that it is not a tort to sell intoxicating liquor to able-bodied men, reverse prior case law of this court founded on this rule, and now hold that a seller of intoxicating liquor can be found liable, under principles of common-law negligence. We look upon this as a policy decision and we are not persuaded to reverse the position previously taken by this...

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