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WINNEY v. RANSOM & HASTINGS, INC.

No. 85-031.

542 A.2d 269 (1988)

John H. WINNEY v. RANSOM & HASTINGS, INC.; Paul H. & Rebecca Barnard, Individually & in Their Capacity as Owners, Officers & Directors of Ransom & Hastings.

Supreme Court of Vermont.

January 15, 1988.

Attorney(s) appearing for the Case

Gale, Gale, Barile & Corum, Thomas W. Costello, and Ardith L. Baldwin, Brattleboro, for plaintiff-appellant.

Carbine, Pressly and Seager, Rutland, for defendants-appellees Howard and Quarter Moon, Inc.

C. Nicholas Burke of Baker & Hayes, Lebanon, N.H., for defendants-appellees Mozier.

Before ALLEN, C.J., PECK, J., and BARNEY, C.J. (Ret.), KEYSER, J. (Ret.) and SPRINGER, District Judge (Ret.), Specially Assigned.

PECK, Justice.

This is an interlocutory appeal from the granting of defendants' motions to dismiss by the Windham Superior Court, pursuant to V.R.A.P. 5(b). Two issues are presented for our review: first, whether the remedy provided by Vermont's Dram Shop Act, 7 V.S.A. § 501, precludes a common law action for the negligent sale or furnishing of intoxicating liquor and second, whether such a common law action exists. We affirm.

For purposes of this appeal...

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