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Abstract

Defendant Campion purchased "moonshine" liquor from defendants Wrabek and wife, and gave three drinks to plaintiff's husband who shortly thereafter became unconscious, was exposed to sub-zero weather on the street during the night, and froze his hands and feet which, as a result, were amputated. Plaintiff sued for loss of support under sec. 3239 Mason's Minn. Statutes 1927 (the "civil damage" act) which provided for such action by the wife against "any person, who shall by illegally selling, bartering, or giving intoxicating liquors, have caused the intoxication of such person." On an appeal from the court's judgment for defendants Wrabek notwithstanding the verdict, it was held, that the statute gave a cause of action to the wife, and that the in jury was proximately caused by the illegal sale. Benes v. Campion, (Minn. 1932) 244 N. W. 72.

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