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GARCIA v. HARGROVE

No. 172.

52 Wis.2d 289 (1971)

190 N.W.2d 181

GARCIA (Gloria), Appellant, v. HARGROVE and another, Defendants: URSO, Administrator w.w.a., Respondent: GARCIA (Roberto), Third-Party Defendant.

Supreme Court of Wisconsin.

Decided October 5, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Richard A. Heilprin, and oral argument by Danny G. Graff, both of Madison.

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

WILKIE, J.

In Garcia I this court considered at length the questions raised in holding a purveyor of liquor liable for the negligent acts of an able-bodied man who is served liquor and becomes intoxicated. In a four to three decision this court held, "The controlling consideration is one of public policy, and it is the determination of this court that reasons of public policy dictate liability not be extended as proposed by plaintiff."1

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