GIMBLE v. MONTANA-DAKOTA UTILITIES CO.

No. 7208.

44 N.W.2d 198 (1950)

GIMBLE v. MONTANA-DAKOTA UTILITIES CO.

Supreme Court of North Dakota.

Rehearing Denied October 17, 1950.


Attorney(s) appearing for the Case

Strutz, Jansonius and Fleck, Bismarck, for plaintiff and respondent.

Sullivan, Kelsch & Sullivan, Mandan (Albert R. Scanlon, Mandan, on oral argument), for defendant and appellant.

Francis Murphy and J. F. X. Conmy both of Fargo, Murray & Murray, of Bismarck, and Joseph P. Stevens, of Minot, all appearing as attorneys amici curiae.


MORRIS, Judge.

This is an appeal from an order of the District Court striking that portion of the defendant's answer which purports to set forth an affirmative defense. The controversy is essentially one of law which may be outlined by a brief statement of basic facts.

The plaintiff was severely injured on the third day of June 1948, while acting as member and employee of the organized fire department of the village of Hazelton, North Dakota. The village has...

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