Legal Opinion

Griffin v. Sebek

South Dakota Supreme Court

Decided September 15, 1976No. File 11623PublishedCited by 32 opinions

1Opinion of the Court

COLER, Justice.

Appellants, the son and his father, respectively, commenced this action for damages based upon the theory of negligence of respondents, as a licensed on-sale and off-sale dealer in alcoholic beverages, in an alleged unlawful sale of intoxicants.

The trial court granted respondents’ motion to dismiss the action for failure to state a claim upon which relief can be granted pursuant to SDCL 15-6-12(b)(5). The appeal is from that order which determined the action on its merits. SDCL 15-26-1(2), 15-26-1(4). We affirm.

The facts of the case are reflected only in the complaint and *694the…

2Cases cited16 opinions

  1. Rappaport v. NicholsSupreme Court of New Jersey · 1959
  2. Elder v. FisherIndiana Supreme Court · 1966
  3. Adamian v. Three Sons, Inc.Massachusetts Supreme Judicial Court · 1968
  4. Mary Ann Waynick v. Chicago's Last Department Store, an Illinois CorporationCourt of Appeals for the Seventh Circuit · 1959
  5. Hoekstra v. HelgelandSouth Dakota Supreme Court · 1959

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3Cited by32 opinions

  1. McClellan v. TottenhoffWyoming Supreme Court · 1983
  2. Felder v. ButlerCourt of Appeals of Maryland · 1981
  3. Walz v. City of HudsonSouth Dakota Supreme Court · 1982
  4. Nazareno v. UrieAlaska Supreme Court · 1981
  5. Olsen Ex Rel. Reilly v. CopelandWisconsin Supreme Court · 1979

27 more not listed; retrieve them via the Exa API.

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