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FRANKLE v. TWEDT

No. 35,353.

234 Minn. 42 (1951)

CLARENCE FRANKLE v. HERMAN S. TWEDT.

Supreme Court of Minnesota.

April 20, 1951.

Attorney(s) appearing for the Case

Faegre & Benson and Raymond Scallen, for appellant.

Robins, Davis & Lyons and Hyman H. Cohen, for respondent.

MATSON, JUSTICE.

Appeal by defendant from an order denying his motion for a new trial.

As an outgrowth of a collision at East Seventh street and Forest avenue in St. Paul, plaintiff sued for damages to his automobile, and defendant answered and counterclaimed for damages to his vehicle. At the time of the accident, plaintiff's foster brother, Harold Schmit, was driving plaintiff's automobile and was on his way,

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