Farmers Mutual Automobile Insurance v. Gast

Defendant’s brief states the issue on this appeal to be: Is a tavernkeeper who, in violation of law, sells fermented malt beverages to a seventeen-year-old minor liable to third persons injured by reason of such minor’s resulting intoxication? Nevertheless, we deem the allegations of the complaint sufficient to raise the further issue of whether defendant is liable on principles of common-law negligence independent of his violation of a criminal statute. Therefore, after resolving the first issue we shall consider the second.

Liability Grounded Upon Violation of a Criminal Statute.

The criminal…