Randall v. Village of Excelsior

Murphy, Justice.

This is an appeal from an order dismissing plaintiff’s complaint on the ground that it failed to state a claim upon which relief could be granted. Defendant entered no answer, and the motion for dismissal was heard on the pleadings only. We are therefore called upon to determine whether the facts alleged in the complaint entitle plaintiff to relief under any theory.

The complaint alleges that plaintiff, a minor now 18 years of age, along with other minors, sent one of their number to purchase intoxicating liquors from defendant’s municipal liquor store. It is asserted that…