Legal Opinion

Mastad v. Brethren

Supreme Court of Minnesota

Decided April 26, 1901No. Nos. 11,953 — (5)PublishedCited by 42 opinions

Action in the district court for Hennepin county to recover from defendant corporation $1,030 damages for an assault upon plaintiff, committed at a public entertainment given and controlled by defendant, by one Olson who, as alleged, had been made drunk and violent through liquor furnished by defendant in violation of law and with knowledge of Olson’s quarrelsome and dangerous tendencies.

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Action in the district court for Hennepin county to recover from defendant corporation $1,030 damages for an assault upon plaintiff, committed at a public entertainment given and controlled by defendant, by one Olson who, as alleged, had been made drunk and violent through liquor furnished by defendant in violation of law and with knowledge of Olson’s quarrelsome and dangerous tendencies. Defendant demurred to the complaint as not stating a cause of action. ' From an order, Simpson, J., sustaining the demurrer, plaintiff appealed.

1Opinion of the CourtBrown, J.

Appeal from an order sustaining a general demurrer to the complaint. The complaint alleges, substantially: That defendant is a corporation. The character and nature of its business is not stated. That on June 11, 1899, defendant held or gave a picnic on certain grounds at Lake Minnetonka, invited the general public to attend the same, sold tickets of admission thereto, and undertook to protect persons so invited, who bought tickets *41and attended the picnic, from assaults by ruffians and drunken people. That plaintiff bought a ticket and spent the day on the grounds. That during the whole of…

2Cases cited4 opinions

  1. Rommel v. SchambacherSupreme Court of Pennsylvania · 1887
  2. Brunswick-Balke-Collender Co. v. BrackettSupreme Court of Minnesota · 1887
  3. Mullan v. Wisconsin Central Co.Supreme Court of Minnesota · 1891
  4. Swinfin v. LowrySupreme Court of Minnesota · 1887

3Cited by42 opinions

  1. Taylor v. Centennial Bowl, Inc.California Supreme Court · 1966
  2. Connolly v. Nicollet HotelSupreme Court of Minnesota · 1959
  3. Anderson v. City of St. PaulSupreme Court of Minnesota · 1948
  4. Sylvester v. Northwestern Hospital of MinneapolisSupreme Court of Minnesota · 1952
  5. Klingbeil v. TruesdellSupreme Court of Minnesota · 1959

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