Hull v. Rund

The parties are here in the same order they appeared in the trial court and will be so referred to. Plaintiffs brought suit against the defendant, sole proprietor of a tavern, for damages for injuries sustained in an altercation in his establishment.

Plaintiffs contended they were patrons in the tavern owned by the defendant and were the victims of an unprovoked attack at the hands of two other patrons of the establishment. Both in the pleadings and at the trial, the action was predicated solely upon the theory that defendant sold liquor to an intoxicated person — one Betty Cunningham — in…