SEELEY v. SOBCZAK

No. 48937.

281 N.W.2d 368 (1979)

Rai-Anne May SEELEY et al., by Theresa Seeley, their mother and natural guardian, and Theresa Seeley, Individually, Appellants, v. Anna I. SOBCZAK and Elwood B. Lee, d.b.a. Eagle Tavern, et al., Respondents.

Supreme Court of Minnesota.

June 15, 1979.


Attorney(s) appearing for the Case

Hunt & Arnold and Jerome G. Arnold, Duluth, for appellants.

Hanft, Fride, O'Brien & Harries, Gaylord W. Swelbar, and Raymond L. Erickson, Duluth, for respondents.

Heard before ROGOSHESKE, YETKA, and MAXWELL, JJ., and considered and decided by the court en banc.


STEPHEN L. MAXWELL, Justice.*

Plaintiffs claim that defendants sold intoxicating liquor to plaintiffs' decedent when he was obviously intoxicated, in violation of the Civil Damage Act. The jury returned a verdict for defendants, and plaintiffs appeal, asking this court to hold that the decedent, whose blood alcohol content at the time of death was .269, was obviously intoxicated as a matter of law. We affirm.

Plaintiffs are the...

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