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TRUSCOTT v. PETERSON

No. 7255.

50 N.W.2d 245 (1951)

TRUSCOTT et al. v. PETERSON et al.

Supreme Court of North Dakota.

November 30, 1951.

Attorney(s) appearing for the Case

Cox, Cox, Pearce & Engebretsen, Bismarck, for plaintiffs and respondents.

Strutz, Jansonius & Fleck, Bismarck, for defendant and appellant, Peterson.

Hyland & Foster, Bismarck, for defendant and appellant, Monson.

SATHRE, Judge.

This is an action brought by Eva Truscott and R. L. Truscott, wife and husband, copartners, plaintiffs, against Ludvig Peterson and M. B. Monson, defendants, to recover damages alleged to have been sustained by reason of negligence on the part of the defendants in excavating trenches on a lot adjacent to a building in which the plaintiffs were operating a grocery business.

The complaint alleges that for several years prior to September 6, 1947...

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