TRAIL v. CHRISTIAN

No. 43528.

213 N.W.2d 618 (1973)

Betty TRAIL, Appellant, v. Gilbert CHRISTIAN, d. b. a. Herr Schmidt Inn, Respondent.

Supreme Court of Minnesota.

December 7, 1973.


Attorney(s) appearing for the Case

Robins, Meshbesher, Singer & Spence, and Ronald I. Meshbesher, Minneapolis, for appellant.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, and Mary Jeanne Coyne, and O. C. Adamson II, Minneapolis, for respondent.

Considered en banc.


TODD, Justice.

Plaintiff, seriously injured as a result of an automobile accident, appeals from a summary judgment dismissing her complaint against defendant tavern owner on the grounds that traditional principles of common law do not provide a cause of action against commercial vendors of intoxicants who, in violation of statutory prohibition, furnish or sell to one whose tortious conduct ultimately causes personal injury or property damage. We have determined that...

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