Seibel v. Leach

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtFAIRCHILD
Citation233 Wis. 66,288 N.W. 774
Decision Date05 December 1939
PartiesSEIBEL v. LEACH et al.

233 Wis. 66
288 N.W. 774

SEIBEL
v.
LEACH et al.

Supreme Court of Wisconsin.

Dec. 5, 1939.


Appeal from two orders and judgment of the Circuit Court for Fond du Lac County; C. F. Van Pelt, Judge.

Affirmed.

Action begun November 10, 1938, by Arnold Seibel against Lyle Leach, Joseph Landerman, and St. Paul Mercury Indemnity Company for injuries received in an automobile accident on March 12, 1938. The defendant Leach while intoxicated drove his car against the plaintiff's car. The demurrers of Landerman and the St. Paul Mercury Indemnity Company to the complaint were sustained and judgment of dismissal was for those defendants.

The action is for property damage and personal injuries. The defendant Landerman was a tavern keeper who sold intoxicants to the defendant Leach, and the defendant St. Paul Mercury Indemnity Company is surety on an indemnity bond to secure Landerman's compliance with the tavern licensing laws. From orders sustaining separate demurrers by defendants Landerman and the St. Paul Mercury Indemnity Company to the plaintiff's complaint on the ground it stated no cause of action and from the judgment dismissing the complaint, plaintiff appeals.

J. E. Richter, of Fond du Lac, for appellant.

Bendinger, Hayes, Kluwin & Schlosser, of Milwaukee, for respondents.


FAIRCHILD, Justice.

[1][2][3] The injury to the plaintiff was the result of an act of the defendant Leach and the responsibility for that act under the law is not visited upon Landerman or his surety. Under the common law it is not an actionable wrong either to sell or to give intoxicating liquors to an able-bodied man. The plaintiff urges the need of some regulation imposing liability on a tavern keeper for injury to a third person resulting from the intoxication of one to whom liquor has been sold. He supports this contention by analogies drawn from the so-called squib case, Scott v. Shepherd, W.B.L. 892, 96 Reprint 525, 3 Wils. 403, 95 Reprint 1124. Our attention is called to many cases in jurisdictions where statutes have been enacted making provision for such liability where one has become intoxicated by illegal sale of liquor. The case of Dunlap v. Wagner, 85 Ind. 529, 44 Am.Rep. 42, is illustrative of the basis of appellant's contention. There a liquor dealer, unlicensed to sell liquor at retail, sold to a customer who consumed the liquor on the premises and became helpless. Because he was too helpless to drive the team which became frightened, a runaway occurred, and a horse...

To continue reading

Request your trial
38 practice notes
  • Sorensen by Kerscher v. Jarvis, Nos. 83-1821
    • United States
    • United States State Supreme Court of Wisconsin
    • June 28, 1984
    ...that legislative declaration. The court in Gast relied upon Demge v. Feierstein, 222 Wis. 199, 268 N.W. 210 (1936), and Seibel v. Leach, 233 Wis. 66, 288 N.W. 774 (1939), which stated the general common law rule that it is not [119 Wis.2d 638] an actionable wrong to either sell or give into......
  • Vesely v. Sager
    • United States
    • United States State Supreme Court (California)
    • June 24, 1971
    ...v. Doglio (1949) 402 Ill. 311, 83 N.E.2d 708; State for Use of Joyce v. Hatfield (1951) 197 Md. 249, 78 A.2d 754; Seibel v. Leach (1939) 233 Wis. 66, 288 N.W. 774; see 45 Am.Jur.2d, Intoxicating Liquors, § 553; 48 C.J.S. Intoxicating Liquors § 430; Joyce on Intoxicating Liquors, § 421; Comm......
  • Meade v. Freeman, No. 10249
    • United States
    • Idaho Supreme Court
    • August 28, 1969
    ...negligence to serve intoxicants to an able bodied man. Cruse v. Aden, 127 Ill. 231, 20 N.E. 73, 3 L.R.A. 327 (1889); Seibel v. Leach, 233 Wis. 66, 288 N.W. 774, 6 N.C.C.A. (N.S.) 629 (1939); 2 W. Woolen and W. Thornton, The Law of Intoxicating Liquors 1837, § 1029 (2 v., 1910); cf. Gardner ......
  • Deeds v. United States, Civ. No. 2567.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • November 10, 1969
    ...v. Hatfield, 1951, 197 Md. 249, 78 A.2d 754; Beck v. Groe, 1955, 245 Minn. 28, 70 N.W.2d 886, 52 A.L.R.2d 875; Seibel v. Leach, 1939, 233 Wis. 66, 68, 288 N.W. 774., an exception has been made where liquor is furnished to a minor or a person obviously intoxicated, in violation of a statute.......
  • Request a trial to view additional results
38 cases
  • Sorensen by Kerscher v. Jarvis, Nos. 83-1821
    • United States
    • United States State Supreme Court of Wisconsin
    • June 28, 1984
    ...that legislative declaration. The court in Gast relied upon Demge v. Feierstein, 222 Wis. 199, 268 N.W. 210 (1936), and Seibel v. Leach, 233 Wis. 66, 288 N.W. 774 (1939), which stated the general common law rule that it is not [119 Wis.2d 638] an actionable wrong to either sell or give into......
  • Vesely v. Sager
    • United States
    • United States State Supreme Court (California)
    • June 24, 1971
    ...v. Doglio (1949) 402 Ill. 311, 83 N.E.2d 708; State for Use of Joyce v. Hatfield (1951) 197 Md. 249, 78 A.2d 754; Seibel v. Leach (1939) 233 Wis. 66, 288 N.W. 774; see 45 Am.Jur.2d, Intoxicating Liquors, § 553; 48 C.J.S. Intoxicating Liquors § 430; Joyce on Intoxicating Liquors, § 421; Comm......
  • Meade v. Freeman, No. 10249
    • United States
    • Idaho Supreme Court
    • August 28, 1969
    ...negligence to serve intoxicants to an able bodied man. Cruse v. Aden, 127 Ill. 231, 20 N.E. 73, 3 L.R.A. 327 (1889); Seibel v. Leach, 233 Wis. 66, 288 N.W. 774, 6 N.C.C.A. (N.S.) 629 (1939); 2 W. Woolen and W. Thornton, The Law of Intoxicating Liquors 1837, § 1029 (2 v., 1910); cf. Gardner ......
  • Deeds v. United States, Civ. No. 2567.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • November 10, 1969
    ...v. Hatfield, 1951, 197 Md. 249, 78 A.2d 754; Beck v. Groe, 1955, 245 Minn. 28, 70 N.W.2d 886, 52 A.L.R.2d 875; Seibel v. Leach, 1939, 233 Wis. 66, 68, 288 N.W. 774., an exception has been made where liquor is furnished to a minor or a person obviously intoxicated, in violation of a statute.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT