Priewe v. Bartz

Murphy, Justice.

Action to recover damages for personal injuries sustained by the plaintiff while in the tavern of the defendant Carl Mogen by reason of the alleged negligence of said defendant and his employee, defendant Mildred Smallbrock, in failing to protect the plaintiff from an assault by an intoxicated person who was permitted to be on the premises. There was a verdict for the plaintiff and the defendants have appealed from an order denying their alternative motion for judgment or for a new trial.

The defendant Eichard Bartz, who was alleged to have committed the assault, was properly…