Hollerich v. City of Good Thunder

SIMONETT, Justice.

We hold that a liquor vendor who sells intoxicating liquor after hours is, for purposes of the Civil Damages Act, “illegally selling” intoxicating liquor. We reverse the trial court’s contrary ruling.

The facts as stipulated by the parties are as follows. Andrew Hollerich, age 23, at tended the Blue Earth County Fair the evening of August 15, 1979. He arrived at the municipal liquor store of the defendant-respondent City of Good Thunder about 11 p.m., had one mixed drink, and left after a half hour. Andrew gave his brother a ride home and then returned, about midnight, to the…